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 NO.74 OF 2014 IN NOTICE OF MOTION NO.1210 OF 2012 IN APPEAL (LODGING) NO.229 OF 2012 IN NOTICE OF MOTION NO.4224 OF 2006 IN SUIT NO.3279 OF 2006 Bhagatsingh Jesrani ....

Applicant / (Org. Appellant) In the matter between Bhagatsinh Jesrani ....

Appellant / (Org. Plaintiff) V/s.

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

....

Respondent / (Org. Defendant) 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.

1/2 NMA-74-14==.doc

2.

For the reasons stated in the affidavit in support of the Notice of Motion, the delay caused in filing Notice of Motion No.1210 of 2012 is condoned.

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. Hence, the Notice of Motion is allowed in terms of prayer clauses (a) and (b). 4.

The Notice of Motion is disposed of in the above terms. 5.

We are informed that the office objections have already been removed. Hence, place the Appeal (Lodging) No.229 of 2012 for admission on 7th September, 2015.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [V.M. KANADE, J.] 2/2 NMA-74-14==.doc