The High Court of Judicature at Bombay allowed a notice of motion for condonation of 24 days delay in filing an appeal, finding the delay was not intentional and afforded appellants a fair opportunity.
Condonation of delay of 24 days for filing appeal; appeal placed for admission on 8.10.09.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.3671 OF 2008 IN APPEAL (L) NO.515 OF 2008 IN NOTICE OF MOTION NO.1619 OF 2008 IN SUIT NO.4183 OF 2006
Manjulaben I. Shrimankar and Anr.
.. Appellants
Vs.
Smt.Rekha Kumar Shrimankar .. Respondent
Mr.Aditya R. Mithe i/b M/s.Khaitan & Jaykar for the appellants
Mr.P.J. Thorat for the respondent
CORAM :J. N. Patel & Smt.R.P. Sondurbaldota, JJ
DATE : September 17, 2009
P.C. :
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( J. N. Patel, J)
2 issues framed by the court
Whether the condonation of delay of 24 days in filing the appeal should be granted in view of the reasons stated in the affidavit.
Whether the delay was intentional or due to inability to prefer the appeal.
Manjulaben I. Shrimankar and Anr.
Smt. Rekha Kumar Shrimankar
J. N. Patel
Smt. R. P. Sondurbaldota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
