M/S. Universal Estate Developers v. Universal Heights Co-Operative Housing Society Ltd. And ORS

22 caa36-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.36 OF 2015 IN APPEAL FROM ORDER (ST) NO.33967 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.Nusrat Shah with Mr.A.K.Gupta, Ms.Eva Abneida with Mr.Kavin Gala i/b M/s/N.N.Shah for the applicant

CORAM

: K.K.TATED, J.

DATED : 20/04/2015 PC:

Heard the learned counsel for the applicant.

Though respondents are duly served, no one appeared on behalf of them when the matter was called out.

This application is preferred by plaintiff for condonation of 29 days delay in filing Appeal from Order challenging the order dated 4.10.2014 passed by Bombay City Civil Court, Mumbai.

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 Mohite 1/2

22 caa36-15.doc allowing the present Civil Application. Hence, following order:

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

"(a) That this Hon'ble Court be pleased to condone the delay of 29 days in filing the above appeal."

b) Rule made absolute accordingly.

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