The High Court allowed the application for condonation of delay, finding sufficient cause existed, but ordered the applicant to pay costs to the respondent.
Application allowed; applicant ordered to pay costs of Rs. 3,500 to respondent within four weeks.
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
FARADCONTINUNATION SHEET
CIVIL APPLICATION NO.1584 OF 2004
IN
FIRST APPEAL ST.NO.9406 OF 2004
.............................................................
Office Notes,Office
memorandum of Coram,
appearances,Court’sCourt’s or
orders or directionsJudge’s orders
& Registrar’s orders.
.............................................................
Mr.J.J.Xavier i/b Ms V.K.Khatu and ors.for
the Applicant
Mr.S.A.Oak h/f Mr.P.G.Lad for the
Respondent.
CORAM: A.S.OKA, J.
DATE : JANUARY 22,2007.
P.C.:
1. Heard Advocate for the Applicant and
the Advocate for the Respondent.
Application for condonation of delay is
strongly opposed by the Advocate for the
Respondent.
2. Considering the averments made in the
Application, sufficient cause is made out
for condonation of delay. However, the
Respondent will have to be compensated by
ordering payment of costs.
3. Hence, Rule is made absolute in terms
of prayer clause (a). The Applicant will
pay costs of Rs.3,500/- to the Respondent
within a period of four weeks from today.
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JUDGE
1 issue framed by the court
Whether sufficient cause is made out for condonation of delay in filing the application?
Unnamed Applicant
Unnamed Respondent
A.S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court