The High Court allowed a Notice of Motion for condonation of a 133-day delay in filing an appeal to Arbitration Petition No.281 of 2008. The delay was condoned as the impugned order was already challenged in an admitted appeal. The matter was listed for hearing.
Condonation of 133 days delay; Notice of Motion made absolute.
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n.m.79-12 in app;lodg.854-2011
IN THE HIGH COURT OF JUDICATURE AT BOMBAY. ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.79 OF 2012 in
APPEAL LODG. NO.854 OF 2011 IN
ARBITRATION PETITION NO.281 OF 2008
Iqbal Ahmed Hussain ..Appellant Versus Abdul Mannan Chotekhan & Ors. ...Respondents.
Mr. A.H. Khatri i/b.Khatri Legal Venture for the appellant. Mr.S.B. Prabhawalkar with Mr. N.S. Parte, for the Respondent No.2(e) Mr. P.K. Samdani, Senior Advocate with Mr. S.K. Jain for Respondent No.1 and for the Applicant in Notice of Motion Lodging No.673 of 2012.
CORAM: MOHIT S. SHAH, C.J. & RANJIT MORE, J.
DATED : 12 March 2012.
P.C.
Having heard learned counsel for the parties, we find that this Motion for condonation of delay of 133 days in filing the appeal deserves to be allowed because the appeal challenges the same order which is under challenge in Appeal No.622 of 2011 which is already admitted by this Court. Hence delay is condoned and the Notice of Motion is made absolute in terms of prayer clause (a).
CHIEF JUSTICE
(RANJIT MORE, J.)
2 issues framed by the court
Whether the condonation of delay in filing the appeal deserved to be allowed since the underlying order was already challenged in an admitted appeal?
Whether the Notice of Motion shall be made absolute?
Iqbal Ahmed Hussain
Abdul Mannan Chotekhan
Mohit S. Shah
Ranjit More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
