The High Court allowed the condensation of a 116-day delay in filing an appeal, approving the Notice of Motion due to exceptional circumstances.
Notice of Motion made absolute in prayer clause (a) by condoning the 116-day delay in filing the appeal.
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NMA2548-15.4
1/1
PNP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.2548 OF 2012 IN APPEAL (LODG.) NO.722 OF 2012 IN REVIEW PETITION NO.29 OF 2012 IN SUMMONS FOR JUDGMENT NO.69 OF 2012 IN SUMMARY SUIT NO.2954 OF 2011
Nuovi Pharmaceuticals
..Appellant /Applicant.
versus
Sirmaxo Chemicals Pvt. Ltd.
..Respondent.
Mr. Zal Andhyarujina with Mr. Aditya Parab i/b Thodur Law Associates for the Appellant.
Ms. Snehal Paranjpe with Mr. Rohit Gupta i/b Divya Shah Associates for the Respondent.
CORAM : DR.D.Y.CHANDRACHUD, AND A.A. SAYED, JJ.
15 April 2013.
P.C. :
There is a delay of 116 days in filing an Appeal against the order of the Learned Single Judge dated 15 March 2012. The Applicant had filed a Review Petition before the Learned Single Judge on 9 April 2012 which was dismissed on 10 September 2012. The Appeal was lodged on 6 October 2012. Having regard to these facts and circumstances, sufficient ground has been made out for condoning the delay. The Notice of Motion is made absolute in terms of prayer clause (a).
(Dr. D.Y.Chandrachud, J.)
(A.A. Sayed, J.)
2 issues framed by the court
Whether sufficient grounds exist for condoning the delay of 116 days in filing the appeal.
Whether the Notice of Motion should be made absolute.
Nuovi Pharmaceuticals
Sirmaxo Chemicals Pvt. Ltd.
Dr. D.Y. Chandrachud
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
