The Bombay High Court allowed delay in filing the letters patent appeal on costs, requiring the applicant to pay Rs. 10,000 to the first respondent based on requesting justice and reason blys
Delay in filing letters patent appeal was condoned upon payment of Rs. 10,000 costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.34 OF 2004
IN
LETTERS PATENT APPEAL (ST) NO.42129 OF 2002
IN
WRIT PETITION NO.2165 OF 1986
M/s.Solid State Electronics
Co.Private Ltd., ...APPLICANT.
Vs.
Marol Co-op. Industrial
Estate Ltd., & 4 Ors. ...RESPONDENTS.
Smt.V.K.Shah, for the Applicant.
Mr.Girish Desai with P.I.Khamani, for Respondent
No.1.
Mr.Anil Menon, for Respondent No.2.
CORAM : SMT.RANJANA DESAI AND
SMT.V.K.TAHILRAMANI,JJ.
DATED : 22ND AUGUST, 2006.
P.C.:-
. Heard learned counsel for the parties. In our
opinion, in the interest of justice and for the
reasons stated in the civil application, delay needs
to be condoned. However, the applicant must be
saddled with costs. Hence the following order :-
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ORDER
Delay in filing letters patent appeal
is condoned, on the applicant paying to
the first respondent costs quantified
at Rs.10,000/-.
Payment of costs is condition precedent
for the condonation of delay. Costs to
be paid within a period of two weeks
from today.
On costs being paid the delay shall
stand condoned.
Civil Application is disposed of.
[SMT.RANJANA DESAI,J.]
[SMT.V.K.TAHILRAMANI,J.]
1 issue framed by the court
Whether to condone the delay in filing the letters patent appeal.
M/s.Solid State Electronics Co. Private Ltd.
Marol Co-op. Industrial Estate Ltd.
Ranjana Desai
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court