The court condensed the delay in filing Letters Patent Appeal, subject to payment of costs. The matter was disposed of by allowing the civil application.
Delay of 19 days in filing Letters Patent Appeal is condoned subject to payment of Rs. 750 cost.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
C.A.Z.NO. 384/2009 IN L.P.A.ST. NO.6598/2009 IN W.P.NO. 1114/2008
( United Sports Club and another .vrs. Rajendra Baliramji Ashtankar and another )
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders
CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ.
DATED : JULY 22, 2009.
Heard.
Prayer is to condone delay of 19 days in filing Letters Patent Appeal.
Advocate Shri Mohokar, for respondent no.1 states that the reasons as given in the application are incorrect, because the representative of the appellant was very much present in the court when the impugned judgment was delivered.
However, the facts disclosed in the application on affidavit are not traversed by any reply affidavit. Hence we condone the delay, subject to payment of cost of Rs.750/- by the appellants to the respondent no.1 by 05.08.2009. If the costs are so paid, office to register the appeal and place it for further consideration.
Civil Application is accordingly allowed.
JUDGE JUDGE
Rgd.
1 issue framed by the court
Whether to condone a delay of 19 days in filing a Letters Patent Appeal.
United Sports Club and another
Rajendra Baliramji Ashtankar and another
B.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court