The Best Undertaking (Of The Bombay Municipal Corporation) v. Uttar Pradesh Co-Op Spinning Mills Fedration Ltd. And 3 ORS.

17. NMCA 347.18.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 347 OF 2018 in COMMERCIAL APPEAL NO. 2 OF 2018 in NOTICE OF MOTION NO. 347 OF 2018 in SUMMARY SUIT NO. 1014 OF 2005 The BEST Undertaking ... Applicant/Appellant.

V/s.

Uttar Pradesh Co-operative Spinning Mills Federation Ltd. And Ors.

... Respondents.

Mr. Vishal Talsania a/w. Ms. Radha Bhandari I/b. M.V. Kini & Co. for the Applicant/Appellant.

Miss. Jaishree Surati I/b. S. Ashwini Kumar & Co. for the Respondents 1 and 2.

CORAM : PRADEEP NANDRAJOG,C.J. & N.M. JAMDAR, J.

DATE : 9 APRIL 2019.

P.C. :- There is a delay of 41 days in filing the Appeal. In the Notice of Motion it is pleaded that certified copy of the impugned

17. NMCA 347.18.doc judgment dated 8.11.2017 was applied for on 15.11.2017 and was received on 27.11.2017. Matter was processed in the department requiring the file to be sent to the commercial department. Decision was taken to scrutinize the documents. On 2.12.2017 Counsel was directed to file the Appeal. Counsel prepared the draft memo and sent the same to the legal department on 29.12.2017. The Appeal was filed on 2.1.2018.

2.

We find sufficient cause pleaded. Delay of 41 days in filing the Appeal is condoned. The Notice of Motion is allowed. N.M. JAMDAR, J.

CHIEF JUSTICE