M/S Resourceful Earthmovers Rep. by Its Partner Mr. Dipak M. Rajani and 2 Ors., Vs Mrs. Ana Bertha Do Rego E Fernandes and Anr.

Heard Mr. S. D. Lotlikar, learned Senior Counsel appearing for the applicants and Mr. A. N. S. Nadkarni, learned Senior Counsel appearing for the respondents.

¶14

This is an application for condonation of delay of three days in filing Letters Patent Appeal. The allegation made in the application is essentially that the applicants had obtained two certified copies of the judgment and on account of miscalculation, the appeal came to be filed belatedly. This allegation has been seriously disputed by the respondents by filing an affidavit in reply. There

¶15

2

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were rival contentions raised with regard to the maintainability of the application in view of the Abolition of Letters Patent Appeal. Without going into the correctness of the rival contentions and keeping all the rival contentions on merits as well as the maintainability open in the interest of justice, we find it appropriate to condone the delay and dispose of the application for condonation of delay. The delay is accordingly condoned. The application stands disposed of accordingly.

¶17

Z. A. HAQ, J. F. M. REIS, J.

¶18

at*

M/S Resourceful Earthmovers Rep. by Its Partner Mr. Dipak M. Rajani and 2 Ors., v. Mrs. Ana Bertha Do Rego E Fernandes and Anr.

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M/S Resourceful Earthmovers Rep. by Its Partner Mr. Dipak M. Rajani and 2 Ors., v. Mrs. Ana Bertha Do Rego E Fernandes and Anr.

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