The Bench held that a delay of 59 days in filing an appeal warranted condonation as a sufficient cause, thereby making the application for condonation of time absolute. The appeal was registered for office action.
Application for condonation of delay made absolute; appeal registered.
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HVN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
C.A.J.
CIVIL APPLICATION NO. 1930 OF 2007
IN
FERA (ST) NO. 36114 OF 2003
Union of India and Anr. ... Appellants
Versus
Maganlal S. Jain ... Respondents
Mr. R.V. Desai with Mr. A.S. Rao with Mrs. S.V.
Bharucha i/by Shri. T.C. Kaushik for Appellants.
CORAM: F.I. REBELLO &
J.P.DEVADHAR, JJ.
DATED: AUGUST 10, 2007
P.C.:
. There is delay of 59 days in filing the appeal.
There is affidavit in support of the application.
On the consideration of the said facts, in our
opinion, the same would amount to sufficient cause.
Hence, delay condoned. Application made absolute in
terms of Prayer Clause (a).
. If the respondents are aggrieved,by this order,
liberty to the respondents to apply for recalling of
the order. Office to register the appeal.
(J.P.DEVADHAR, J.)(F.I.REBELLO, J.)
2 issues framed by the court
Whether the delay of 59 days in filing the appeal constituted a sufficient cause for condonation.
How the application for condonation of delay should be disposed of.
1 provisions across 1 enactments
Union of India and Anr.
Maganlal S. Jain
F.I. REBELLO
J.P.DEVADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court