The High Court condoned the delay in filing a Notice of Motion for registration of an appeal in a writ petition. The notice was made absolute due to the respondent's absence and lack of a reply affidavit.
Notice of Motion made absolute; appellant directed to get appeal registered and put up for admission.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 3211 OF 2008
IN
APPEAL (L) NO. 384 OF 2008 IN
WRIT PETITION NO. 264 OF 2007
Ravindra B.Nair & 4 Ors. V/S. M/s.Sindhwani Automobiles, Mumbai
...........Appellants.
...........Respondents
Ms.Rita K.Joshi, adv.for appellants.
Respondents and advocate absent.
CORAM : J.N.PATEL, &
: SMT.R.P.SONDURBALDOTA, JJ.
DATED : 6th OCTOBER, 2009.
P.C. :
we are inclined to condone the delay as the same is not countered by filing any affidavit-in-reply to the same. Therefore, the Notice of Motion is made absolute in terms of prayer clause (a). The appellant to get the appeal registered and put up for admission in due course.
[ SMT.R.P.SONDURBALDOTA, J] [ J.N.PATEL, J]
1 issue framed by the court
Whether the delay in filing the Notice of Motion should be condoned in the absence of a reply affidavit from the respondent and whether to make the Notice absolute.
Ravindra B.Nair & 4 Ors.
M/s.Sindhwani Automobiles, Mumbai
J.N.PATEL
SMT.R.P.SONDURBALDOTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
