Single judge allowed condonation of a 66-day delay in filing a First Appeal under the CPC. The court also granted an extension of one week for depositing the security amount necessary to continue an ad interim stay.
Condonation of 66 days delay in filing First Appeal; extension granted by one week for deposit of amount.
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1306caf526.13.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR
Civil Application No. 526 of 2013 IN
First Appeal St. No. 2539 of 2012
[New India Assurance Co. Ltd. Vs. Naresh B. Durge &
another]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr. K.V. Kotwal, Adv., for the appellant.
Mr. Parijat Pande, Adv., holding for Mr. N.S.
Deshpande, Adv., for respondent no.2.
CORAM: A.B. CHAUDHARI, J.
DATE : 13th June, 2013.
This is an application for condonation of
delay.
Theappellantisprayingfor
condonation of delay of sixty-six days caused in
filing of First Appeal.
Heard.
Accepting the reasons offered in the
application explaining the delay to be good and
sufficient, delay caused in filing of First
Appeal is condoned.
1306caf526.13.odt
2
Heard.
Admit.
Counsel for the appellant states that
he could not deposit the amount, and wants
extension of time by another week, since the
cheque is ready.
Extension is granted by one week.
Ad interim stay to continue, subject to
deposit.
Learned Adv. Mr. Parijat Pande
appearing for Mr. N.S. Deshpande, Adv., waives
service for respondent no.2.
Judge
|Hedau|
2 issues framed by the court
Whether the delay of 66 days in filing the First Appeal was condonable on the grounds provided by the appellant.
Whether an extension of one week should be granted to the appellant to deposit the required amount towards ad interim stay.
1 provisions across 1 enactments
New India Assurance Co. Ltd.
Naresh B. Durge
A.B. CHAUDHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court