The High Court of Bombay condoned delay in filing a civil application for an undertaking, noting the undertaking was already submitted and the respondent was privately served.
Delay condoned and application allowed; arrears of rent to be paid within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
13.cac.102.2017.doc
dik IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 102 OF 2017
IN
CIVIL REVISION APPLICATION NO. 726 OF 2015
Harishchandra Chedalal Choudhari ...Applicant/Plaintiff
vs
Shivaji Gundappa Todkar ...Defendant.
Mr Umesh R. Mankapure for the Applicant/Plaintiff.
CORAM : B.P.COLABAWALLA J. JUNE 05, 2017.
P.C. :
This Civil Application has been filed seeking condonation of delay for filing an undertaking as recorded in the order of this Court dated 11th January, 2017.
2 Mr Mankapure, learned Counsel appearing on behalf of the applicant states that the Respondent has been privately served. He, further submits that the undertaking is already filed.
3 In view of the aforesaid factual position and considering that the undertaking has already been filed on 27th February, 2017, the delay is condoned and the Civil Application is allowed in terms of prayer clause (b). The arrears of rent, if any, shall be paid within two weeks from today.
Pg 1 of 2
13.cac.102.2017.doc
4
The Civil Application is disposed of in the aforesaid
terms.
( B.P.COLABAWALLA, J.)
Pg 2 of 2
1 issue framed by the court
Whether the delay in filing an application for condonation of delay is condonable considering the undertaking has already been filed.
Harishchandra Chedalal Choudhari
Shivaji Gundappa Todkar
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
