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Bombay High CourtMCA/373/2015disposed of

Mr.Franky Carvalho @ Neves Franky Carvalho. v. Mr.Raju S/O. Jaswant Singh And 5 ORS.,

2017-01-27Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 373 OF 2015 IN STAMP NUMBER MAIN NO. 891 OF 2015 MR.FRANKY CARVALHO @ NEVES FRANKY CARVALHO.

... Applicant

Versus

MR.RAJU S/O. JASWANT SINGH AND 5 ORS., ... Respondents Shri S. Redkar, Advocate for the Applicant.

Shri Emerico Estevam Afonso, Advocate for the Respondent No.3.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 27th January, 2017 P.C.:

Heard.

2. It is contended on behalf of the applicant that there was a delay of 18 days in filing the appeal on account of the financial difficulties of the applicant to pursue his remedy by way of an appeal which has been affirmed on oath by way of an affidavit.

3. The respondents have not seriously controverted the case set up by the applicant and even otherwise the ground urged is apparently genuine and there is no reason why a delay occasioning on that count should not be condoned. i find it a fit

MCA/373/2015 case to condone the delay and in view thereof the application is allowed. The registry to register the appeal. NUTAN D. SARDESSAI, J.

NH