The High Court condoned a 92-day delay in filing Civil Appeal FA ST 11428 of 2005, noting sufficient cause and absence of negligence or want of bonafide, and directed the appeal's admission.
Condonation of 92 days’ delay in filing the appeal; Civil Application made absolute as per prayer clause (a).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2604 OF 2005
IN
F.A.ST. NO.11428 OF 2005
Shri.Bhushan Suresh Sawant
and Anr. ..Applicants
Vs.
Shri.Vilas Vasant Godbole
and Ors. ..Respondents
Mr.P.R.Arjunwadkar for Applicant
Mr.G.B.Kedia for Respondent No.3
CORAM: DR.S.RADHAKRISHNAN AND
SMT.V.K.TAHILRAMANI,JJ.
DATE : NOVEMBER 29,2005
P.C.
1. Heard the learned counsel for the Applicants
and learned counsel for the Respondent No.3. None
appears for the other Respondents though served.
By this Civil Application, the Applicants are
seeking condonation of 92 days’ delay in filing the
above Appeal. For the reasons stated in the Civil
Application, sufficient cause has been made out.
There is no case of inaction, negligence or want of
bonafide. Hence, this Civil Application is made
absolute in terms of prayer clause (a).
2. Place the above Appeal on board for admission
on 12.12.2005.
[DR.S.RADHAKRISHNAN, J.]
[SMT.V.K.TAHILRAMANI,J.]
2 issues framed by the court
Whether sufficient cause is made out for condonating a 92-day delay in filing a Civil Appeal?
Whether the Civil Application for condonation of delay be granted?
Shri. Bhushan Suresh Sawant and Anr.
Shri. Vilas Vasant Godbole and Ors.
DR. S. Radhakrishnan
Smt. V. K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court