M/S. Raja Construction Company And ANR. v. Balwant Ginappa Thorat

2024:BHC-AS:35514 12-IA-12283-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12283 OF 2024 IN FIRST APPEAL NO.86 OF 2019 M/S. Raja Construction Company And Anr.

...Applicants

Versus

Mr. Balwant Ginappa Thorat

...Respondent

------ Adv. Nilima V. Sanglikar for the Applicants.

Adv. N. P. Bhavsar for the Respondent.

------ Coram : Sharmila U. Deshmukh, J.

Date : September 2, 2024.

P. C. :

1.

Heard.

2.

Interim Application has been preferred for condonation of delay of 86 days caused in preferring the present Application for bringing the legal heirs of deceased Respondent on record and for setting aside abatement.

3.

Learned counsel for the Applicant submits that the information about death of original Respondent was received from the learned counsel for the original Respondent on or about 26th August, 2024 and thereafter, the present Application has been taken out immediately, however, there is delay of 86 days caused in filing the present Application.

Harish 1 of

12-IA-12283-2024.doc 4.

For the reasons set out in paragraph No. 4 of the Application, the same is allowed. The delay of 86 days is condoned. Abatement is set aside. Amendment to be carried out within a period of three weeks from today.

[Sharmila U. Deshmukh, J.] Harish 2 of Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 04/09/2024 16:09:06