Allowed

Union Bank of India v. Smt. Suman Agarwal There of M/S. Shri Sai Trading Co. Sole Proprietress

Bombay HC17 Aug 2021IA/820/2021

Case brief

AI extract

What is this about?

The Court considered an interim application for condonation of delay in filing a first appeal. The applicant admitted a 45-day delay due to reliance on the incorrect limitation period. The Court granted condonation of the delay and directed registration and listing of the appeal.

What did the court decide?

The delay of 45 days was condoned; the first appeal was permitted to be registered and listed for admission.

Union Bank of India Vs Smt. Suman Agarwal There of… — Execution and Attachment | Bombay HC (2021)

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1 2& 3-IA 760-21 in FAST
2173-20@IA 820-21 in FAST 2167-20.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.760 OF 2021 IN FIRST APPEAL (ST) NO. 2173 OF 2020

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Union Bank of India ... Applicant In the matter between :- Union Bank of India ... Appellant Vs. Smt. Suman Agarwal ... Respondent

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WITH INTERIM APPLICATION NO.820 OF 2021 IN

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FIRST APPEAL (ST) NO. 2167 OF 2020

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Union Bank of India ... Applicant In the matter between :- Union Bank of India ... Appellant Vs. Smt. Suman Agarwal ... Respondent

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Mr. Jamshed Ansari for the Applicant/Appellant in both IAs. Mr. Sushil Upadhyay i/by A.M. Saraogi for the Respondent in both IAs.

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CORAM: ABHAY AHUJA J.

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DATE : 17TH AUGUST, 2021

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P.C.:

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Heard learned counsel for applicant/appellant and

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respondent in both the matters.

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1 of 3

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Mugdha

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2 2& 3-IA 760-21 in FAST
2173-20@IA 820-21 in FAST 2167-20.odt

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It is submitted on behalf of the applicant/appellant that the delay of 45 days in fling the appeal against order dated 14^th October, 2019, passed in Suit No.7702 of 1998 by the learned Judge, City Civil Court at Mumbai, is bonafde, as the applicant/appellant was under an impression that for the purpose of fling appeal to the Hon’ble High Court, Article 116(a) of the Limitation Act, 1963 would be applicable and the time period for fling the appeal would be 90 days. However, learned counsel concedes that since under Section 15 of the Bombay City Civil Courts Act, 1948, the period for fling an appeal is 30 days, it has resulted in a delay of 45 days in fling of the present appeal. In this view of the matter, learned counsel for the applicant/appellant submits that the delay be condoned.

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Having heard learned counsel for the parties and perused the application, this Court is of the view that the applicant/ appellant has made out a case for suffcient cause for condonation of delay. Accordingly, the delay of 45 days is hereby condoned.

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Registry is directed to register the First Appeal.

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2 of 3

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Mugdha

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3 2& 3-IA 760-21 in FAST
2173-20@IA 820-21 in FAST 2167-20.odt

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List the First Appeal for admission on 16/09/2021.

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Learned counsel for respondent waives service of notice.

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Interim application is accordingly disposed of.

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(ABHAY AHUJA, J.)

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MUGDHA M PARANJAPE

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Digitally signed by MUGDHA M PARANJAPE Date: 2021.08.17 17:49:25 +0530

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3 of 3

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Mugdha

Union Bank of India v. Smt. Suman Agarwal There of M/S. Shri Sai Trading Co. Sole Proprietress

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Smt. Suman Agarwal There of M/S. Shri Sai Trading Co. Sole Proprietress

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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