Pradip Bastimal Chopra v. I. N. Halkara H.U.F. Through Its Karta Indarmal N. Halkara

26-IA-3613-2024 (OS).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3613 OF 2024 IN APPEALS(ST) NO. 10618 OF 2022 Pradip Bastimal Chopra ...Applicant

Versus

I. N. Halkara H.u.f. Through Its Karta Indarmal N. Halkara

...Respondent

__________ Adv. Chirag Mody a/w S.M. Seegarla i/b RMG Law Associates for the Applicant.

Adv. Farhan Dubhash a/w Mr. Vishal Kanade i/b Jayesh Vyas for the Respondent.

__________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

16 JANUARY 2025 P.C.:

1.

This Interim Application is filed by the appellant praying for restoration of the aforesaid appeal which came to be dismissed by an order dated 17 January 2023. There is a delay which is described to be as 285 days however, as urged on behalf of respondent, the delay is much more, for the reason that order dismissing the proceedings was passed on 17 January 2023 and application itself was filed on 27th November 2024.

2.

Be that as it may, having perused the averments as made in the application, we are of the opinion that it is in the interest of justice that the delay needs to be condoned and also appeal be restored to the file of this Court, Mayur Adane, PA

26-IA-3613-2024 (OS).doc subject to the applicant depositing an amount of Rs. 25,000/- as cost with the High Court Library (Original Side). The deposit of cost shall be condition precedent.

3.

In terms of the above order, the application stands allowed in terms of prayer clauses a and b. Office objections be removed within period of two weeks from today.

4.

List the appeal for admission on 30 January 2025. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Mayur Adane, PA