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Bombay High CourtNMA/2448/2016disposed off

Neelmudra Entertainment Ltd. v. Maharashtra Film, Stage And Cultural Development Corporation Ltd.

2018-11-22Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice B.R. Gavai2 pages

(917)-NMA-2448-16.doc BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2448 OF 2016 IN APPEAL (L) NO.328 OF 2016 Neelmudra Entertainment Ltd.

..Applicant

IN THE MATTER BETWEEN

Neelmudra Entertainment Ltd.

..Appellant

Versus

Maharashtra Film, Stage and Cultural Development Corporation Ltd.

..Respondent Ms. Shradha Achliya a/w Mr. Rupesh Geete I/by M/s. ALMT Legal, Advocate for the Applicant.

Mr. N. R. Bubna, Advocate for Respondent.

CORAM: B. R. GAVAI & RIYAZ I. CHAGLA, JJ.

DATE: 22nd NOVEMBER, 2018 P.C.:- 1] This Notice of Motion is filed for condonation of delay in filing the appeal.

2] Heard Ms. Achliya, learned Counsel appearing on behalf of the Applicant.

1/2

(917)-NMA-2448-16.doc 3] Mr. Bubna, learned Counsel appearing on behalf of the Respondent, submits that the explanation given in affidavit in support of the Notice of Motion for condonation of such an inordinate delay cannot be said to be plausible.

4] We have perused the affidavit in support of the Notice of Motion. The reason given is that, Mr. Ajey Jhankar, Chairman of the Applicant-Company, who was looking after the legal affairs of the Company was suffering from serious ailment. He was required to undergo medical treatment.

5] Taking into consideration the grounds stated in the affidavit in support of the Notice of Motion, we are inclined to allow the Notice of Motion.

6] Notice of Motion is made absolute in terms of prayer clause (a). (RIYAZ I. CHAGLA J.) (B. R. GAVAI, J.) 2/2