The Bombay High Court disposed of an application seeking condonation of a 74-day delay in filing a civil appeal, finding sufficient cause in absence of negligence or lack of bona fides, and made the application absolute.
Civil Application is made absolute in terms of the prayer clause asking for condonation of delay.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.3168 OF 2005
IN
F.A.St.NO.11674 OF 2005
The State of Maharashtra ..Applicant
Vs.
Shri.Vithu Kalya Govari
& Anrs. ..Respondents
...
Mr.K.K.Tated, G.P. for Applicant
Mr.S.G.Surana for Respondents
CORAM: DR.S.RADHAKRISHNAN AND
SMT.V.K.TAHILRAMANI,JJ.
DATE : NOVEMBER 29,2005
P.C.
1. Rule. Rule made returnable forthwith. Heard
the learned counsel for the Applicant and
Respondents. By this Civil Application, the
Appellant is seeking condonation of 74 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. Civil Application is made
absolute in terms of prayer clause (b).
2. Appeal to be placed on board for admission on
1-12-2005.
[DR.S.RADHAKRISHNAN, J.]
[SMT.V.K.TAHILRAMANI,J.]
1 issue framed by the court
Whether sufficient cause existed to condone a delay of 74 days in filing the appeal.
The State of Maharashtra
Shri.Vithu Kalya Govari & Anrs.
DR.S.RADHAKRISHNAN
SMT.V.K.TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court