Bombay High CourtWP/5259/2016dispossed offdismiss for default

Prashant S/O Jagdishnarayan Dixit v. M/S Ashok Commercial Company And Others

2017-03-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp5259.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5259 OF 2016 (PRASHANT JAGDISHNARAYAN DIXIT...VS..M/S. ASHOK COMMERCIAL COMPANY & 2 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D.Khati, Advocate for Petitioner.

Shri Alok Daga, Advocate for Respondent Nos. 2 & 3. CORAM : Z.A.HAQ, J.

DATED : MARCH 10, 2017.

Heard.

The Judgment Debtor takes exception to the order passed by the learned District Judge by which the application filed by him praying that the delay of one year in filing the appeal be condoned is rejected.

The petitioner/ Judgment Debtor stated in the application that there was lapse on his part in attending the proceedings because of illness of his old parents. The learned District Judge has considered the relevant facts and has recorded reasons in paragraph 10 of the impugned order. After examining the matter, I find that the petitioner/ Judgment Debtor has not been able to show that there was "sufficient cause" which prevented him from filing the appeal within prescribed limitation or within reasonable time. I see no reason to interfere with the impugned order.

2 wp5259.16 The petition is dismissed. In the circumstances, the parties to bear their own costs.

JUDGE Rraut..