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Bombay High CourtCAA/105/2015disposed off

Perviz Homi Karapatel And ANR v. Zarin Noshir Pardiwala And ANR

2015-02-10Hon'Ble Shri Justice K.K. Tated2 pages

903 caa 105-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 105 OF 2015 IN APPEAL FROM ORDER (ST) NO. 33348 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. Nauroz Seervai, Sr. Counsel with Ranbir Singh i/b M. V. Sawant for the applicant.

None for the respondents.

CORAM : K. K. TATED, J.

DATED : 10/02/2015.

P.C.:

.

Heard learned Senior Counsel for the applicant.

Though, the respondent no.1 is duly served, no one appeared on behalf of them when the matter called out.

The learned Senior counsel for the applicant submits that they are not claiming any relief against respondent no.2.

This civil application is preferred by original plaintiff for condonation of 19 days delay in filing the Appeal From Order.

Sneha Chavan 1/2

903 caa 105-15=.doc Considering the submissions made by learned Senior counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application.

Hence, the following order:

i) Civil application is allowed in terms of prayer clause (a), which reads thus:

"a) This Hon'ble Court be pleased to condone the delay of 19 days in filing the present appeal against impugned order dated 14th & 16th October, 2014 and the Appellant be permitted to file the present Appeal."

ii) Civil Application is disposed of accordingly.

iii) Applicant to remove all office objections within one week from today.

iv) If all office objections are removed within one week, office is directed place the matter on board on 23.02.2015.

(K.K.TATED, J.) Sneha Chavan 2/2