High Court at Bombay held that sufficient cause was shown for a 310-day delay in filing an appeal under Order 23 Rule 3 CPC.
Delay of 310 days condoned; Notice of Motion made absolute; Appeal listed for admission hearing.
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1
kambli
NM1179.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.1179 OF 2012
IN APPEAL (L) NO.312 OF 2012 IN NOTICE OF MOTION NO.1829 OF 2011 IN SUIT NO.1366 OF 2011
Sarojkumar Nathmal Agarwal and ors. ...Appellants v/s. Sajjan Nathmal Agarwal and ors. ...Respondents
Mr.Nitin Thakker, Sr.Advocate with Mrs.Nityoah Mehta with Mr.Jay Mehta i/b Nityoah Suneel & Associates for the appellants.
Dr.Birendra Saraf with Ms.Pooja Kshirsagar i/b Adhia & Adhia for respondents Nos.2, 6, 7 and 8. Mr.G.R.Joshi i/b M/s.I.C.Legal for respondents Nos.9 to 11. Mr.B. Gandhi i/b Yusuf & Associates for respondents Nos.1, 3, 4 & 5.
CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J. DATE : 3 September 2012.
P.C.
Having heard the learned counsel for the parties, we find that sufficient cause is shown for delay of 310 days in filing an appeal. Delay is accordingly condoned. Notice of motion is made absolute in terms of prayer clause (a). Motion stands disposed of accordingly.
1 Of 2
2
kambli
NM1179.12
CHIEF JUSTICE
(N.M. JAMDAR, J.)
2 Of 2
1 issue framed by the court
Whether sufficient cause is shown for condoning a delay of 310 days in filing an appeal.
Sarojkumar Nathmal Agarwal and ors.
Sajjan Nathmal Agarwal and ors.
Mohit S. Shah
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
