Dr. Mandar Rajaram Joshi v. M/S. Homelands Corporation And ORS.

HEMANT CHANDERSEN SHIV HEMANT CHANDERSEN SHIV Date: 2024.10.23 10:59:30 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13401 OF 2024 WITH APPEAL FROM ORDER NO.226 OF 2023 Dr. Mandar Rajaram Joshi ...Applicant/Appellant vs.

M/s. Homelands Corporation & Ors.

...Respondents

Mr. Amrut Joshi with Chinmay Mehta, Mr. Y. Udwadia i/b Rucha Jog for the Applicant.

Mr. Mayuresh Borkar for Respondent Nos.3 and 4. Mr. Chaitanya Patel for Respondent No.5.

CORAM : SHYAM C. CHANDAK, J.

DATED : 17th OCTOBER, 2024 P. C. :

.

Heard learned Counsel for the Applicant and learned Counsel for Non-Applicant/Respondent.

2) This Application is seeking for condonation of delay in filing this Application and for restoration of the aforesaid Appeal, which has been refused to be registered for non removal of the office objections in time.

3) There is delay of 79 days in filing this Application. Already regular registration number has been given to the Appeal. 4) Learned Advocate for the Applicant submits that, the earlier Advocate on record for the Applicant did not remove the office objections in time. He submits that, at the relevant time the Applicant 1/3

was traveling abroad. He submits that the Appellant has a good case on merits. The Appellant has not taken any advantage of the said delay.

5) Learned Advocate for Respondent No.5 has filed his affidavit in reply and vehemently opposed the Application on the ground that, the Appeal has become infructuous, however, this aspect needs to be examined only after hearing the aforesaid Appeal on merit. In other words, the Appeal cannot be thrown out at the threshold. Hence, there is no hurdle to condone the delay and restoration of the Appeal.

6) As this Court expressed the opinion for condoning delay in filing this Application and for restoration of Appeal, learned Advocate for Applicant on instructions submitted that, the Applicant will pay a cost of Rs.10,000/- to Kirtikar Law Library within a period of two weeks from the date of uploading of present Order. The said statement is accepted as an undertaking given to this Court. Hence, following Order :-

ORDER

(a) Application is allowed.

(b) Delay of 79 days in filing this Application is condoned, subject payment of cost of Rs.10,000/- to Kirtikar Law Library within a period of two weeks from the date of 2/3

uploading this Order on the official website of this Court. (c) The Appeal stands restored immediately along with adinterim relief, if any granted earlier. (d) The office objections shall be removed within two weeks from today.

7) Application is disposed of, accordingly.

[SHYAM C. CHANDAK, J.] 3/3