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Bombay High CourtIA/1560/2019disposed off

Pradipkumar Jamuar v. M/S. Jwr Logistics Private Limited Thr. Its Dir.Lalit Chhabildas Jobanputra

2022-04-29Hon'Ble Smt. Justice Bharati Dangre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1560 OF 2019 WITH INTERIM APPLICATION NO. 1122 OF 2020 WITH INTERIM APPLICATION ST NO. 16113 OF 2019 IN APPEAL FROM ORDER ST NO.15502 OF 2019 Pradipkumar Jamuar ..

Applicant

Versus

M/s. JWR Logistics Pvt.Ltd ..

Respondent ...

Mr. Sajid Shamim and Murtuza Slatewala i/b S. Shamim & Co. for the applicant.

CORAM: BHARATI DANGRE, J.

DATED : 29th APRIL, 2022 P.C:- Interim Application No.1122/2020 By the present Application, the applicant seek withdrawal of the Appeal from Order St No.15502/2019, which came to be dismissed on account of non-removal of the office objection. In seeking the said relief of restoration, there is a delay of 33 days.

On hearing the learned counsel for the appellant, and on perusal of the application, I am convinced about the bonafides of the applicant in not removing the office objection and also about the delay that has occasioned in taking the application for Tilak

2/2 21 IA 1560-19.doc condonation of delay.

Interim Application No.1122/2020 is allowed in terms of prayer clauses (a) and (b).

The office objection shall be removed within a period of six weeks from today.

Interim Application No.1560/2019 By the present Application, the delay of 8 days in filing the Appeal is sought to be condoned.

Heard the learned counsel for the applicant and perused the Application. The impugned judgment/decree is passed on 14/2/2019, and on obtaining the certified copy on 26/2/2019, steps were taken to file an Appeal which was affirmed on 14/5/2019, but in the wake of the summer vacation, it could not be filed till 4/6/2019, is the explanation offered in the application.

I am satisfied that the delay being miniscule and bonafide, deserve to be condoned.

Interim Application is allowed in terms of prayer clause (a).

Interim Application No. 16113/2019 Issue notice to the respondents, making it returnable on 11/7/2022.

( SMT. BHARATI DANGRE, J.) Tilak