Richard Cable Network Sole Proprietary Firm Of Mr. Richard D'Costa. v. Star India Pvt. Ltd.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 867 OF 2014 IN STAMP NUMBER MAIN NO. 1955 OF 2014 RICHARD CABLE NETWORK SOLE PROPRIETARY FIRM OF MR. RICHARD D'COSTA.

... Applicant

Versus

STAR INDIA PVT. LTD., ... Respondent Mr. C. A. Coutinho, Advocate for the Applicant. Coram:- F. M. REIS, J.

Date:- 16th February, 2017 P.C.

Heard Mr. C. A Coutinho, learned Counsel appearing for the Applicant.

2. This is an application for condonation of delay of two years in filing a First Appeal.

3. Learned Counsel appearing for the Applicant pointed out that the impugned Judgment was passed on 23.04.2012 and a Review Application was filed immediately thereafter within the time prescribed, which came to be disposed on 15.04.2014 based on legal advice. The present Appeal was filed in July 2014. Learned Counsel further pointed out that in case the time taken

MCA/867/2014 to decide the Review Petition is excluded, the Appeal is within time. Learned Counsel further pointed out that bonafidely and on legal advice, the application for Review was filed before the learned Judge.

4. The Respondents though served, failed to remain present.

5. The averments in the affidavit filed by the Applicants stand uncontroverted. As such, considering the grounds stated therein, the delay stands condoned. Application stands disposed of. F. M. REIS, J.

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