M/S Sai Dham Developers, Thr. Shri Prashant Pundalikrao Sambhe v. Smt. Laxmi W/O Upasrao Sathawane

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.1249 OF 2017 IN SECOND APPEAL ST. NO.13535 OF 2017 M/s Sai Dham Developers, Thr. Prashant Pundalikarao Sambhe, Pardi, Nagpur -vsLaxmi w/o Upasrao Sathawane, Hiwari Layout, Nagpur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri M. A. Sable, Advocate for applicant/appellant. CORAM : A.S.CHANDURKAR, J.

DATE : June 15, 2018 Considering reasons mentioned in the application, the delay in filing Second Appeal stands condoned. Civil Application is allowed and disposed of. Second Appeal St. No.13535 of 2017 Issue notice on the following substantial question of law :

" The appellate Court having confirmed the finding recorded by the trial Court that the plaintiff had failed to prove her readiness and willingness to perform her part of contract, whether it was justified in directing refund of an amount of Rs.55,000/- to the plaintiff ? "

Notice made returnable on 24/07/2018.

Humdast granted.

JUDGE

5-CAS-1249-17 2/2 Asmita