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Bombay High CourtCA/14284/2018disposed offdismissed for default

Sachin Shashikant Ghotankar v. Baburao Pandurang Kale

2019-01-14Hon'Ble Shri Justice P.R. Bora2 pages

{1} CA 14284 OF 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CIVIL APPLICATION NO.14284 OF 2018 IN FAST/35978/2018 SACHIN SHASHIKANT GHOTANKAR

VERSUS

BABURAO PANDURANG KALE ...

Advocate for Applicant : Shri Yogesh B. Bolkar Advocate for Respondent : Shri R.L.Kute h/f. Shri N.D.Sonavane ...

CORAM : P.R. BORA, J.

Date: January 14, 2019 ...

PER COURT :- The learned Counsel for the respondent - original plaintif has tendered across the bar an afÏdavit-in-reply on application for condonation of delay. The same is taken on record. The respondent has strongly opposed for condoning the delay, however, for the reasons stated in the application, which according to me are just and sufÏcient, delay of 231 days in filing the appeal is condoned. Hence, the following order:-

ORDER

I) The application is allowed and disposed of.

II) Delay of 231 days caused in filing the appeal is condoned subject to costs of Rs.2,000/-.

III) Appeal be registered in accordance with law.

{2} CA 14284 OF 2018 IV) After registration of appeal, issue notice to the respondent. Shri N.D.Sonavane, learned Counsel waives service of notice for the respondent. Service complete. V) List the matter for further consideration on 25.02.2019.

VI) Call Record and Proceedings.

( P.R. BORA, J. ) SPT