Lokhandwala Kataria Construction Pvt.Ltd v. Moneyam Natesan And ANR

35-IA-11014-2024 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11014 OF 2024 IN SECOND APPEAL(ST) NO. 16671 OF 2024 Lokhandwala Kataria Construction Pvt.ltd ...Applicant

Versus

Moneyam Natesan And Anr

...Respondents

__________ Mr. Chirag Sarawagi, i/by Tushar Goradia, for the Applicant. Mr. Suraj Gupte, a/w Adv. Monika Ukale, for Respondent No. 2. __________ CORAM :

ADVAIT M. SETHNA, J.

DATE :

17 DECEMBER 2025 P.C.:

1.

Heard Mr. Sarawagi, learned counsel appearing for the Applicants/Appellant.

2.

This Interim Application has been filed seeking condonation of delay of 23 days in filing the Second Appeal. He would submit that both the respondents have been duly served. However, despite service, none appears for the said respondents today. Considering the nature of the orders proposed to be passed, no prejudice would be caused to the Respondents.

3.

The averments made in the Interim Application have been carefully perused with the assistance of Mr. Sarawagi. The short Mayur

35-IA-11014-2024 (C).doc delay of 23 days has been sufficiently explained in paragraphs 4 and 5 of the Interim Application. Sufficient cause for condonation of delay has been made out. The delay does not appear to be intentional or deliberate.

4.

In the interest of justice, the Application for condonation of delay is accordingly allowed.

5.

Interim Application is disposed of in the above terms. No costs.

[ADVAIT M. SETHNA, J.] Mayur