Bhagatsinh Jesrani v. Crowe Boda And Co. Pvt. Ltd.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (LODGING) NO.2532 OF 2013 IN APPEAL (LODGING) NO.224 OF 2012 IN NOTICE OF MOTION NO.922 OF 2008 IN SUIT NO.3279 OF 2006 Bhagatsingh Jesrani ....

Applicant In the matter between Bhagatsingh Jesrani ....

Appellant V/s.

Crowe Boda & Co. Pvt. Ltd., Mumbai.

....

Respondent Mr. Gauraj Shah, i/by M/s. S. Kothari & Co., for the Applicant.

Mr. Kunal Shah, i/by M/s. Bhat & Saldhana, for the Respondent.

CORAM : V.M. KANADE & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 24 TH AUGUST, 2015.

P.C. :

1.

Heard learned counsel for the parties.

2.

For the reasons stated in the affidavit in support of the Notice of Motion, the delay caused in filing the Appeal against the impugned order is condoned.

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3.

The Applicant is a senior citizen and has stated in his affidavit in support of the Notice of Motion that due to old age and illness, he could not file the present Notice of Motion in time. The explanation given by the Applicant is a plausible explanation and, therefore, we are satisfied with the explanation given by him. It is not necessary to give detailed particulars and produce documents in support of his illness. 4.

The impugned order is set aside. Appeal is restored to file. The Notice of Motion is allowed in terms of prayer clauses (a) and (b). 5.

We are informed that the office objections have already been removed. Hence, place the Appeal (Lodging) No.224 of 2012 for admission on 7th September, 2015.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [V.M. KANADE, J.] 2/2 NMAL-2532-13==.doc