In a civil application for condonation of delay (10 days), the High Court found that the admitted date of receipt of the lower court order established sufficient cause, leading to the allowance of the application to register the appeal.
Application allowed; directions issued to the Office to register the appeal.
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HVN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 17 OF 2006
IN
F.E.R.A. APPEAL (ST) NO. 39047 OF 2003
Union of India and anr. ... Applicant
Versus
Shri. Suresh Kumar Kabra ... Respondent
Mr. R.V. Desai with Mr. A.S. Rao i/by T.C.
Kaushik for the Applicant.
CORAM: F.I.REBELLO &
J.P.DEVADHAR, JJ.
DATED: AUGUST 10, 2007
P.C.:
. The appellants preferred this application for
condonation of delay of 10 days. It is their case
that the order was passed on 27.5.2003 and was
received by them on 31.7.2003. The appeal was filed
on 10.10.2003.
. On the other hand on behalf of the respondents,
the learned counsel submits that in so far as
respondent is concerned, the order was received on
4th June, 2003 at Delhi and in these circumstances,
the appellants also must have received the same on
or about the same date. It is not possible for us
to accept such presumption. We proceed on the basis
of the affidavit made in this court and the same
have not been controverted by any documentary
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evidence. The cause shown in our opinion would
amount to sufficient case. In the light of that
application allowed in terms of Prayer Clause (a).
Office to register the appeal.
(J.P.DEVADHAR, J.)(F.I.REBELLO, J.)
1 issue framed by the court
Whether the cause shown for condonation of a 10-day delay is sufficient to allow the appeal.
Union of India
Shri. Suresh Kumar Kabra
F.I. Rebello
J.P. Devadhar
As recorded by the court registry
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