Single judge condoned bona fide delay in filing appeal from order, holding respondent's objection on affidavit requirement as hyper technical.
Condoned delay of 35 days and directed registry to register the appeal from order.
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mca no.11 of 2020
1
IN THE HIGH COURT OF BOMBAY AT GOA
MISC. CIVIL APPLICATION NO.11 OF 2020 IN
STM/33/2020 (Filing No)
DATTAPRASAD SHIVANAND SAWARDEKAR
….Applicant ... Respondents
Versus INDIAN OIL CORPORATION LTD. AND 4 ORS. ... Respondents Ms. A. Fernandes, Advocate for the Applicant. Ms. P. Nagvekar, Adocate for the Respondent No.1. Shri G. Shetye, Additional Government Advocate for the Respondents No.2,3 & 5.
Coram:- DAMA SESHADRI NAIDU, J.
Date:- 10 February 2021
P.C.:
The applicant has filed this Appeal From Oder with a delay of 35 days. The applicant pleads that on legal advice he invoked Order 39 Rule 4 of CPC to have the impugned order modified but could not succeed. That caused the delay.
NH
DAMA SESHADRI NAIDU, J.
NITI K Digitally signed by NITI K HALDANKAR HALDANKAR Date: 2021.02.10 14:49:33 +05'30'
1 issue framed by the court
Whether to condone the delay of 35 days in filing the appeal from order under Order 39 Rule 4 CPC.
DATTAPRASAD SHIVANAND SAWARDEKAR
INDIAN OIL CORPORATION LTD.
4 ORS.
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
