The High Court of Bombay condoned the delay in filing a notice of motion for an appeal lodging, finding sufficient cause based on an affidavit. The appeal was admitted for hearing on a future date.
Condonation of delay granted; motion allowed; appeal placed before admission board.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.627 OF 2015 IN APPEAL (LODGING) NO.331 OF 2015 IN
SUIT NO.3885 OF 1990
Mahanagar Telephone Nigam Limited and Anr. ...Applicants IN THE MATTER BETWEEN
Mahanagar Telephone Nigam Limited and Anr. ...Appellants Versus Shipping Corporation of India Limited and Anr. ...Respondents
Ms.Pooja Kshirsagar a/w Mr.H.J.Engineer i/b Gordhandas & Fozdar, for the Applicants/Appellants
Mr.Rahul Narichania a/w Mr.Shashank Trivedi and Smriti Jha i/b Mulla & Mulla & Craigie Blunt & Caroe, for the Respondent No.1.
CORAM : V. M. KANADE & REVATI MOHITE DERE, JJ.
DATE : 5th JANUARY, 2016
P.C. :
applicants/appellants and the learned counsel appearing on behalf of the respondent no.1.
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in our view sufficient cause is made out for condonation of delay.
opposed by the learned counsel appearing on behalf of the respondent no.1. Reliance is placed on the Judgment of the Apex Court in the case of DSR Steel Private Limited v/s State of Rajasthan and Others, reported in (2012) 6 SCC 782 . It is submitted that even at the stage of admission an appeal if there is no merit, can be dismissed.
REVATI MOHITE DERE, J.
V.M. KANADE, J.
1 issue framed by the court
Whether sufficient cause is made out for condonation of delay in filing the notice of motion.
Colour shows how this judgement treated each authority
DSR Steel Private Limited v/s State of Rajasthan and OthersReferred¶20
DSR Steel Private Limited v/s State of Rajasthan and Others, reported in (2012) 6 SCC 782 · Who else cites this
Mahanagar Telephone Nigam Limited
Shipping Corporation of India Limited
V. M. Kanade
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
