Nasir Amin Hungund v. Glasspaane Aluminium (I) Pvt. Ltd.

nma-1338-17(19)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1338 OF 2017 IN APPEAL (L) NO. 257 OF 2017 IN COMPANY PETITION NO.419 OF 2015 Nasir Amin Hungund ..Applicant In the matter of Nasir Amin Hungund ..Appellant Vs.

Glasspaane Aluminum (I) Pvt Ltd ..Respondent Mr. Nirman Sharma a/w Mr. R. P. Jain i/b Alpha Chambers for the Applicant Mrs. Nupur Awasthi i/b M/s Consulta Juris for the Respondent CORAM :R. M. SAVANT, & SARANG V KOTWAL, JJ DATE : 5th OCTOBER, 2017 P.C.

The above Notice of Motion has been filed seeking condonation of delay of 60 days in filing the above Appeal. The reasons therefor are mentioned in paragraphs 3 and 4 of the affidavit in support of the Notice of Motion. On behalf of the Respondent an affidavit in reply has been filed by its Director, one Mr. Pawankumar Jugalkishore Dhelia, in which affidavit the reasons mentioned in paragraph 3 have been questioned. We have heard the Learned Counsel for the parties and have also mmj

nma-1338-17(19) perused the reasons mentioned in paragraph 4. In our view, the said reasons constitute sufficient cause for condonation of delay of 60 days in filing the Appeal, hence discretion would have to be exercised in favour of the Applicant/Appellant. The above Notice of Motion is accordingly allowed and made absolute in terms of prayer clause (a). The Applicant / Appellant to pay costs of Rs.2000/- to be deposited with the Maharashtra Legal Aid Fund within 4 weeks from date. The above Notice of Motion is accordingly disposed of. [SARANG V KOTWAL, J] [R.M.SAVANT, J] mmj