Delite Industries, Bhandara Thr.Proprirtor, Sanjay Bhagwandas Batra v. Shri Inderchand S/O. Mansukhlal Agrawal (Business, Proprietor Of Naresh Hardware)

cas369.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) No.369 OF 2024 IN SECOND APPEAL ST. No.4312 OF 2024 (Delite Industries, through its proprietor, Sanjay s/o. Bhagwandas Batra Vs. Shri Inderchand s/o. Mansukhlal Agrawal) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Piyush Rewatkar, Advocate for appellant.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 23 rd JULY, 2024.

1.

This is an application for condonation of delay of 247 days caused in filing second appeal.

2.

Perused the application.

3.

Heard learned Advocate for the appellant. Respondent is duly served, but remained absent. 4.

Learned Advocate for the appellant submits that appellant was unaware about passing of the judgment by the first Appellate Court on 27th March, 2023. When his lawyer informed him about passing of the judgment he got information.

5.

Learned Advocate for the appellant further submits that for challenging the said judgment in this Court lot of time was lost for searching counsel and taking proper legal advice from his counsel and preparing the present appeal. Therefore, delay was caused in filing the appeal and it is not intentional. Hence, by this application

cas369.24.odt 2/2 the appellants are praying to condone the delay. 6.

Considering the reasons stated in the application, the application is allowed.

7.

The delay of 247 days caused in filing second appeal is condoned.

8.

The application is disposed of.

SECOND APPEAL ST. No.4312 O F 202 4.

1.

Issue notice to the respondent, returnable after six weeks.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 25/07/2024 15:05:11