Manik S/O Shyamrao Dadhe (Dead) Thr. Lrs. Pravin S/O Manikrao Dadhe And Others v. The State Bank Of India, Head Office At Mumbai And Branch Office Narkhed, Nagpur

1 / 2 03-CAS 235.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO. 235 OF 2021 IN SECOND APPEAL (STAMP) NO. 2929 OF 2020 Manik s/o. Shyamrao Dadhe (Dead) through LRs vs.

The State Bank of India ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Shri. K. N. Dadhe, Advocate for applicants.

Smt. Manisha Kotecha, Advocate for respondent.

CORAM

: SMT.M.S.JAWALKAR J.

DATE : 29/03/2023 Present application is filed for condonation of delay of 254 days in filing second appeal. The reason for delay is mentioned as the advocate for the applicants was under impression that he has filed an application for certified copy of judgment. When notice was issued from the respondent bank, then the applicants came to know about the fact that no application for certified copy is filed, due to this, delay of 254 days is caused in filing the second appeal. The said delay is not intentional one. KOLHE

2 / 2 03-CAS 235.2021 2.

The reasons for delay mentioned the application are sufficient to condone the delay. The inconvenience caused to the respondent bank can be taken care of by saddling costs upon the applicants. 3.

As such, the application is allowed. The delay of 254 days in filing the second appeal is hereby condoned, subject to costs of Rs.1000/- to be paid to the respondent bank within a period of two weeks. After making payment of costs, the Registry is directed to register the Second Appeal.

JUDGE CHANDRAKANT KOLHE 17:46 KOLHE