Sanjay Suresh Kamat v. Sadanand D. Naik And 3 ORS

MCA 548 of 2023 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.548 OF 2023 IN CIVIL REVISION APPLICATION NO.1980 OF 2023 (F) SANJAY SURESH KAMAT ... APPLICANT

Versus

SADANAND D. NAIK AND 3 ORS ... RESPONDENTS Mr. Pradip Sawaikar with Mr. Jay Sawaikar, Advocates for the Petitioner.

Mr. Kishan Kavlekar, Advocate for Respondent Nos. 1(a) to 1(c). CORAM:- VALMIKI MENEZES, J.

DATED :- 21st February, 2025 P.C.:

1. This is an application for condoning delay of 1 year 3 months in filing a Revision application under the Appellate Side Rule against the order dated 01.04.2022 of the learned Registrar of this Court against the Registrar's refusal for registration of Second Appeal filed by the Applicant. The application has been opposed by Respondent Nos. 1(a) to 1(c), who has filed an affidavit in reply primarily contending that there was no explanation offered by the Applicant in the application.

2. The main reason cited by the Applicant is a lack of knowledge about the hearing of the Revision and registering the Second Appeal was that he was not informed by his Advocate about the status of the 21st February, 2025

MCA 548 of 2023 matter. It is further averred in the application that the matter came up on the Registrar's Board twice in the year 2020 immediately prior to COVID-19 pandemic and thereafter came soon after end of the Pandemic somewhere in February and March 2022. The application is supported by a detailed affidavit of the applicant and there is no reason to disbelieve averments in the application.

3. For these reasons, the delay in filing the Revision application is condoned and the application is allowed.

VALMIKI MENEZES, J.

21st February, 2025