Allowed

Punjab National Bank v. the Cotton Textiles Export Promotion Council

Bombay HC29 Oct 2021CAF/2454/2019

Case brief

AI extract

What is this about?

This single judge order condones a 322-day delay in filing an application to restore a first appeal. Relying on the principle that a party should not suffer for counsel's default, the court allowed the condonation but directed the applicant to pay Rs. 25,000 costs.

What did the court decide?

The application to condone delay and restore the First Appeal was allowed; costs of Rs.25,000 awarded.

Punjab National Bank Vs the Cotton Textiles… — Civil Procedure and Limitation | Bombay HC (2021)

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1/2 13 CAF-2454-19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.2454 of 2019

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REJECTED CASE NO.756 OF 2018

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Punjab National Bank .. Applicant

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Versus

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The Cotton Textiles Export Promotion

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Council

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.. Respondent

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Mr.Mohammed Varawala with Ms.Aamatulla Suratwala i/b Intralegal for the Applicant.

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Mrs.Rashna Khan i/b Mulla & Mulla & Craigie Blunt & Caroe for the Respondent.

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CORAM: BHARATI DANGRE, J. DATED : 29^th OCTOBER, 2021

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P.C:-

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Heard learned counsel appearing for the applicant and the respondent.

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By Civil Application No.2454 of 2019, delay of 322 days is sought to be condoned in fling application to restore the First Appeal, which was dismissed by order dated 08/03/2018 for non-removal of the offce objections, within a period of four weeks from the date of the order.

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M.M.Salgaonkar

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2/2 13 CAF-2454-19.doc

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Perused the application, which reveals that there was some communication gap between the client and the Advocate and though reference has been made in paragraphs 3 and 4 to the several e-mails being exchanged, it can be seen that only after the engagement of a new counsel, it came to the knowledge of the applicant that the First Appeal was dismissed for non-removal of the offce objections.

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The settled position of law being that no party shall be made to suffer for the default of his counsel and since the applicant had engaged the services of the counsel, he is perfectly justifed in claiming that he was dependent upon him to take appropriate steps, in furtherance of the directions issued by the Court or its Registry.

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I deem it expedient to condone the delay and restore the First Appeal, but this is subject to the stipulation that the applicant shall pay the cost of Rs.25,000/- to the respondent. The costs shall be paid within a period of two weeks from today and an acknowledgment to that effect shall be produced before the Registry. On acknowledgment being produced, the First Appeal shall stand restored to its fle.

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With the aforesaid directions, the Civil Application stands disposed of.

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( SMT. BHARATI DANGRE, J.)

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M.M.Salgaonkar

Punjab National Bank v. the Cotton Textiles Export Promotion Council

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. the Cotton Textiles Export Promotion Council

Case brief

What is this about?

What did the court decide?

What the court decided

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