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Bombay High CourtMCA/354/2022allowed

The Goa State Infrastructure Development Corporation Thr. Its Managing Director v. Antonio Joao Bosco Lobo And 6 ORS

2024-09-26Hon'Ble Shri Justice Valmiki Menezes2 pages

MCA 354 of 2022 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.354 OF 2022 IN STAMP NUMBER MAIN NO.1470 OF 2020 (F) THE GOA STATE INFRASTRUCTURE DEVELOPMENT CORPORATION THR. ITS MANAGING DIRECTOR ... APPLICANT

Versus

ANTONIO JOAO BOSCO LOBO AND 6 ORS ... RESPONDENTS Mr Deep Shirodkar, Advocate for the Applicant. Mr Rasik Borkar h/f Mr Vilas Thali, Advocate for Respondent Nos.1 to 3.

CORAM:- VALMIKI MENEZES, J.

DATED :- 26th September, 2024 P.C.:

1. This is an application to condone delay of 12 days in filing the First Appeal against a money decree. The application is vehemently opposed by Mr Rasik Borkar holding for Mr Vilas Thali. Learned Advocate submits that the Judgment was passed on 30.11.2019 and the Appeal ought to have been filed by 03.03.2020. He submits that there is no explanation as to why the Appeal was not filed by 03.03.2020, much less an explanation for the period from 03.03.2020 till the lockdown for the Covid-19 pandemic which commenced on 15.03.2020.

26th September, 2024

MCA 354 of 2022

2. Though the application is vehemently opposed, a reading of the reasons and justification given by the Applicants as a whole in the application clearly sets out fresh cause for condoning the delay, notwithstanding the objection raised by the Respondents.

3. For all these reasons, the application stands allowed. The delay in filing the First Appeal stands condoned. Application is disposed of. VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 26/09/2024 18:48:41 26th September, 2024