Allowed the application to condone a delay of 26 days in filing an appeal. The court found sufficient grounds for condonation due to the non-traverse of pleadings and directed processing of the appeal with an undertaking to file an affidavit of service.
Delay of 26 days was condoned; appeal to be numbered and processed for admission.
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HVN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1193 OF 2008
IN
APPEAL (L) NO. 49 OF 2008
IN
COMPANY PETITION ON. 124 OF 1997
Supplementary Foods India Limited.. Appellant
Versus
Raman K. Das .. Respondent
Mr. Pankaj Kawali i/by A.C. Mahimkar for the
Appellants.
CORAM: S.B. MHASE &
PRASANNA B. VARALE,JJ.
DATED: JULY 25, 2008
P.C.
. Heard.
. The learned counsel for the Applicant states that
this is an application to condone the delay of 26
days. He states that notice was served on
respondents and the respondent is absent inspite of
service of notice. He undertakes to file affidavit
of service with acknowledgements. Therefore, the
matter is proceeded with. We find that as a result
of the non-traverse of the pleadings, the grounds
stated in the affidavit makes out sufficient ground
for condonation of delay. The delay for 26 days
condoned. Office is directed to number the appeal
and process it for admission. The appellant shall
make any compliance in respect of the affidavit
along with acknowledgment by Monday.
(PRASANNA B. VARALE, J.)(S.B. MHASE,J.)
1 issue framed by the court
Whether delay of 26 days in filing the appeal should be condoned.
Supplementary Foods India Limited
Raman K. Das
S.B. MHASE
PRASANNA B. VARALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court