Prakash R. Dhariwal v. Subhash Hastimal Lodha And 5 ORS.

8.2.19-ia.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Interim Application No.2/2019 in Appeal (L) No.555/2019 Prakash R. Dhariwal ..... Applicant Vs.

Subhash Hastimal Lodha & Ors.

..... Respondents Mr. Ashish Kamat a/w. Mr. lalit Kantariya, Ms. Benedicta Lobo I/b. Katuriya & Associates for the Applicant Mr. Aspi Chinoy, Senior Advocate a/w Mr. Vaibhav Sugdare, Mr. Samsher Garud, Bijal Gandhi, Harsh Moorjani I/b. Jaykar & Partners for Respondent No.6.

Mr. Navroz Seervai, Senior Advocate a/w. Mr. Sharan Jagtiani, Ms. Nidhi Singh, Mr. Akshay Doctor, Ms. Nupur Jalan, Ms. Kinjal Bhatt I/b Vidhi Partners for Respondent Nos.1 and 2.

CORAM:

K.K.TATED & SARANG V. KOTWAL,JJ.

DATED :

DECEMBER 16, 2019 P.C.

Heard. This Application is for condonation of 9 days delay in preferring the appeal challenging the order dated 09.10.2019 passed by the learned Single Judge in Company Application No.3/2019.

The learned senior counsel for the Respondents has vehemently opposed the Interim Application. He submits that the Applicant has not shown sufficient cause for Basavraj G. Patil 1/2

8.2.19-ia.odt condonation of delay. Hence, there is no substance in the Interim Application. Same is liable to be dismissed. Heard both sides. Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of the Interim Application, we are satisfied that the Applicant has made out a case for allowing the Interim Application.

Hence, the following order is passed:

a Delay in filing the appeal is condoned.

b.

The Interim Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) Basavraj G. Patil 2/2