The court considered an application to condone a 476-day delay in filing an appeal. The delay was attributed to departmental opinion gathering and the illness of the lead counsel. The court accepted the explanation and condoned the delay.
The notice of motion for condonation of delay is allowed and the matter is disposed of accordingly.
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.
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33-nma 1260-17
psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1260 OF 2017
IN
APPEAL (L.) NO.107 OF 2017
| Union of India | ...Applicant |
|---|---|
| In the matter between | |
| Union of India | ...Appellant |
| Vs. | |
| Suresh Kishanchand Melwani & Ors. ----- |
...Respondents |
Ms.S.I. Shah with Mr.Anil Yadav i/b. S.I. Shah & Co. for Applicant/Appellant.
Mr.D.V. Deokar with Mr.Pinakin Modi, Mr.Dhruvesh Parikh i/b. Ms.Parimal K.Shroff for Respondent Nos.1 to 28.
CORAM : NARESH H. PATIL, ACTING C.J. AND G.S. KULKARNI, J. DATE : 16th AUGUST 2018
P.C.:
This notice of motion is filed for condonation of delay caused in filing appeal.
2 33-nma 1260-17
Ms.S.I. Shah suffered heart ailments and had to undergo bye-pass surgery on 12th July 2016. She thereafter suffered multiple health problems due to which the appeal could not be preferred. After regaining her health, the learned Advocate preferred appeal on 18th March 2017.
3 The learned Counsel appearing for the respondents opposed the motion for condonation of delay. He submitted that delay is not satisfactorily explained and circulating file from one table to another cannot be a ground for seeking condonation of delay.
G.S. KULKARNI, J. ACTING CHIEF JUSTICE
1 issue framed by the court
Whether the delay in filing the appeal arising from the illness of counsel and departmental consultation can be condoned.
1 provisions across 1 enactments
Union of India
Union of India
Suresh Kishanchand Melwani & Ors.
Naresh H. Patil
G.S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
