The Bombay High Court condoned a delay of 59 days in filing notice to proposed legal representatives and allowed the civil application in terms of prayer clauses (a) to (c), directing amendment to be done within six weeks.
Application allowed in terms of prayer clauses (a) to (c); amendment to be carried out within six weeks.
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Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.463 OF 2008
IN
FIRST APPEAL NO.1266 OF 2003
Shyamsunder Shivchandrai Ruia ...Applicant
V/s.
Bajranglal Shivchandrai Ruia & Ors. ...Respondents
Mr.Navin Parekh, Advocate, i/b. Hetal Patel, for the
Applicant. .
Mr.Gautam Ankhad, Advocate, i/b. Hemant Sethi, for
Respondent No.1. .
Mr.Kedar Shukla, Advocate, i/b. Udwadia & Udeshi, for
Respondent No.6.
CORAM : ABHAY S. OKA, J.
DATE : 30TH JANUARY, 2008.
P.C.:
1. The learned Counsel for the applicant states
that private notice has been duly served to the
respondent Nos.2a and 2b who are the proposed legal
representatives of respondent No.2. The Counsel for
the 1st respondent opposed the Application on the
ground that a false statement has been made in the
Application.
2. None appears for the proposed legal
representatives. The delay is only of 59 days. The
said delay deserves to be condoned. Accordingly,
Application is allowed in terms of prayer clauses (a)
to (c). Amendment to be carried out within six weeks.
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[ABHAY S. OKA, J.]
2 issues framed by the court
Whether the delay of 59 days in filing the notice to proposed legal representatives deserves condonation.
Whether Application No.463 of 2008 should be allowed despite the delay.
Shyamsunder Shivchandrai Ruia
Bajranglal Shivchandrai Ruia & Ors.
ABHAY S. OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court