Ajitprasad Mathurprasad And ANR v. Niranjan J. Shah And 3 ORS.

1 / 2 32-NMA-1052-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIGINAL ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1052 OF 2017 IN APPEAL (L) NO.119 OF 2017 Ajitprasad Mathurprasad & Anr.

.... Applicants versus Niranjan Jayantilal Shah & Ors.

... Respondents .......

• Mr.Omkar M. Kulkarni, Advocate for the Applicants. • Mr.Mikshail Behl a/w Mr.K.G. Mhatre a/w Ms. Nikita i/b. Mhatre & Associates, Advocate for the Respondent Nos.2 & 3. CORAM : R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE : 04th OCTOBER, 2017.

P.C. :

1.

The above Notice of Motion has been filed for seeking condonation of delay of 223 days in filing the above Appeal. The reasons thereof are mentioned in paragraph Nos.3 and 4 of the Affidavit in Support of the Motion. In sum and substance, the reasons are that the Constituted Attorney of the Appellant was not well and in view thereof, she was not in a position to take steps to file the Appeal. The second reason mentioned was that, Nesarikar

2 / 2 32-NMA-1052-17.odt the Appellants are residing out of India and the Appellant No.1 was not in a position to visit India for the purpose of filing the Appeal. In the said process, the delay of 225 days has occurred in filing of the Appeal. The learned counsel appearing on behalf of the Respondents opposes the Application, but ultimately leaves it to this Court.

2.

Hence accepting the reasons mentioned in the Affidavit in Support, case for exercise of discretion is made out. The Notice of Motion is accordingly allowed and made absolute in terms of prayer clause (a).

3.

The Appellant to pay costs of Rs.10,000/- to be deposited with the Maharashtra Legal Aid Fund within four weeks from the date.

4.

The Notice of Motion is accordingly disposed of. 5.

List the Appeal for Admission after the ensuing Diwali Vacation on 08/11/2017.

(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)