The Court considered an application for condonation of delay to issue notice to a respondent residing outside India pending a registration appeal under judicial review. The application was allowed to condone the delay as a sufficient cause was shown.
Application made absolute in terms of prayer clause (a) to register the appeal.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.15 OF 2006
IN
FERA APPEAL (ST.) NO.36315 OF 2003
Union of India & Anr. ..Applicants.
V/s.
Gurnaz Singh Sahni ..Respondent.
Mr.A.S.Rao with Mrs.S.V.Bharucha i/b. H.P. Chaturvedi
for applicant.
CORAM : F.I.REBELLO AND
J.P.DEVADHAR, JJ.
DATED : 24TH AUGUST, 2007.
P.C. :-
This Court by its order dated 25th August,
2006 had directed issue of notice to the respondent,
who is a residing outside India. As Bhatta was not
paid, notice has not been issued. Considering what is
set out the affidavit in support of the application,
the cause show would amount to sufficient cause and
consequently delay is condoned. The application is
made absolute in terms of prayer clause (a) Office to
register the appeal.
(F.I.REBELL0, J.)
(J.P.DEVADHAR, J.)
2 issues framed by the court
Whether the cause shown warrants condonation of delay for issue of notice to a respondent residing outside India.
Whether the application to register the appeal should be made absolute on merits of the condonation application.
Union of India
Gurnaz Singh Sahni
F.I. REBELLO
J.P. DEVAHDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court