Bell Finvest (India) Limited v. Subani Mahaboob Shaikh And 2 ORS

- 1 - ( NMA 1217 of 2015) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 1217 OF 2015 IN APPEAL (L) No. 437 OF 2015 IN NOTICE OF MOTION No. 1405 OF 2013 IN SUIT No. 703 OF 2013 Bell Finvest (India) Limited ....Applicants In the matter between Bell Finvest (India) Limited ....Appellants Vs.

Subani Mahaboob Shaikh and Ors.

....Respondents *********** Mr. Kishor Tembe for Appellants/Applicants None for Respondents *********** CORAM : V. M. KANADE REVATI MOHITE DERE, JJ.

DATE : JANUARY 11, 2016 P.C. :

1.

The Notice of Motion is taken out for condonation of delay of 22 days in filing the appeal.

2.

It is submitted that Respondent No.1 has been served. However, the whereabouts of Respondent nos.2 and 3 are not known. The learned counsel for Respondent No.1 has also pointed out that he was not in a position to take instructions from Respondent No.1. 3.

In this view of the matter, we are of the view that since the 1/2

- 2 - ( NMA 1217 of 2015) whereabouts of Respondent Nos.2 and 3 are not known, service of notice upon them is waived. Delay of 22 days in filing the appeal is condoned for the reasons stated in the affidavit in support of the notice of motion, Notice of Motion is allowed in terms of prayer clause (a) and disposed of.

4.

Place the appeal on the Supplementary Board on 13th January, 2016.

[REVATI MOHITE DERE, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2