The Court allowed a Notice of Motion for condonation of a 152-day delay in filing an appeal. The Court held that uncontroverted sworn statements regarding the applicant's confusion and change of counsel constituted sufficient cause for such delay.
Notice of Motion for condonation of delay in filing the appeal is allowed.
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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (Lodg.) NO. 1085 OF 2018 in APPEAL (Lodg.) NO. 464 OF 2018 in MISCELLANEOUS PETITION NO. 63 OF 2010 in TESTAMENTARY PETITION NO. 566 OF 2008
Arzan Khambatta … Applicant/Appellant.
V/s.
Martin Borchert & Ors.
... Respondents.
Ms. Shamima Taly, Mr. Aziz Shaikh, Mr. Vithoba Masurkar I/b. Mahomedbhai & Co. for the Applicant/Appellant. Ms. Vandana Mehta a/w. R. Fernandes I/b. Siddhesh Bhole for the Respondents.
CORAM : NARESH H. PATIL,C.J. & N.M. JAMDAR, J.
DATE : 01 FEBRUARY, 2019.
P.C. :-
This Notice of Motion is taken out for condonation of delay of 152 days in filing the Appeal.
2 14. NMA(L) 1085.18..doc
N.M. JAMDAR, J. CHIEF JUSTICE
1 issue framed by the court
Whether the delay of 152 days in filing an appeal needs to be condoned for cause.
Arzan Khambatta
Martin Borchert
NARESH H. PATIL
N.M. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
