The learned Single Judge declined to condone a delay of 2705 days in filing the written statement. This court found no case for entertaining the appeal as no ground was taken that the statement recorded by the Single Judge was incorrect, and the proper remedy would have been a review application.
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APPL253-12.7
1/1
PNP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (LODG.) NO.253 OF 2013 IN NOTICE OF MOTION (LODG.) NO.646 OF 2013 IN
SUIT NO.2630 OF 2005
Hill Son and Dinshaw (Pvt.) Ltd.
..Appellant.
versus
The Board of Trustee of the Port of Mumbai
..Respondent.
Mr. Omkar Bade with Mr. Akshay Diamondwala i/b Jayakar and Partners for the Appellant.
Mr. U.J. Makhija i/b Motiwalla & Co. for the Respondent.
CORAM : DR.D.Y.CHANDRACHUD, AND S.C.GUPTE, JJ.
12 July 2013.
P.C. :
On the delay being condoned, the Appeal has by consent been taken on Board and has been called out for admission.
The Learned Single Judge has declined to condone a delay of 2705 days in filing the written statement. In paragraph 10 of the affidavit in support of the Motion for condoning the delay in filing the written statement, it was stated that the advocate who was handling the firm has left the firm and that thereafter after seeking instructions from the client, a written statement was prepared and the clerk was directed to file the written statement in Court. As the Learned Single noted, the written statement was prepared only in 2013 which was confirmed during the course of the hearing by counsel appearing on behalf of the Defendant - Appellant. No ground has been taken in the memo of appeal to the effect that the statement which was recorded by the Learned Single Judge was incorrect. In any event, the remedy of the Appellant would have been to move the Learned Single Judge in review. No case for entertaining the Appeal has been made out. The Appeal is dismissed.
1 issue framed by the court
Whether the delay in filing the written statement is condonable.
Hill Son and Dinshaw (Pvt.) Ltd.
The Board of Trustee of the Port of Mumbai
D.Y. Chandrachud
S.C. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
