Anil Metal Corporation v. The Board Of Trustees Of The Mumbai Port Trust

2 caf487-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.487 OF 2015 IN FIRST APPEAL (ST) NO.31838 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Sanjay Jain with Ms.Akshaya Chivilkar i/b Mr.Maniyar Srivastava Associates for the applicant None for the respondent

CORAM

: K.K.TATED, J.

DATED : 24/03/2015 PC:

Heard the learned counsel for the applicant. This application is preferred by defendant for condonation of 10 days delay in filing First Appeal challenging the judgment and decree dated 24.9.2014 passed by Bombay City Civil Court, Mumbai in Special Civil Suit No. 9845 of 1987 (High Court Suit No.1162 of 1987).

The learned counsel for the respondent vehemently opposed the present Civil Application. He submits that applicant has not shown sufficient cause for condonation of 10 days delay.

Mohite 1/2

2 caf487-15.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (a) which read thus:

"that this Hon'ble Court be pleased to condone the delay of 10 days, if any, in filing the First Appeal against the Impugned Order."

B) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2