The High Court of Bombay at Goa dismissed a miscellaneous civil application filed with a delay of 226 days, condoning the delay by relying on a Supreme Court decision from 2022.
The delay of 226 days is condoned and the miscellaneous civil application is disposed of.
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.
28-MCA-7-23.DOC
Santosh
IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO. 7/2023 IN SECOND APPEAL NO. 206 OF 2021 (F)
RESOURCES INTERNATIONAL, REP. BY
ITS PARTNER, DIPAK M. RAJANI
…. Applicant.
Versus.
JOHN FILLIPE COSTA AND 2 ORS … Respondents.
Mr Manoj Jalmi, Advocate for the Applicant. Mr Ryan Menezes, Advocate for Respondents No.1 and 2. Mr R.G. Ramani, Senior Advocate with Ms K. Betquecar, Advocate for Respondent No.3.
CORAM : M. S. SONAK, J. DATE : 23rd February 2023.
P.C. :-
1 . Heard Mr Jalmi for the Applicant. Mr Ryan Menezes appears for Respondents No.1 and 2 and Mr R.G. Ramani, learned Senior Advocate appears along with Ms Betquecar for Respondent No.3.
2 . Though the delay is of 226 days, the same is covered by the decision of the Hon'ble Supreme Court reported in (2022) 3 SCC 117. Accordingly, it appears that this application was filed as a matter of abundant caution. In any case, sufficient cause is
Page 1 of 2
23/02/23
28-MCA-7-23.DOC
shown and, therefore, the delay is condoned.
Misc. Civil Application No.7 of 2023 is disposed of.M. S. SONAK, J.
SANTOSH Digitally signed by SANTOSH S MHAMAL S MHAMAL Date: 2023.02.24 10:29:22 +05'30'
Page 2 of 2
23/02/23
1 issue framed by the court
Whether the delay of 226 days in filing the miscellaneous civil application is condonable in view of the decision in (2022) 3 SCC 117.
Colour shows how this judgement treated each authority
Resources International, Rep. by its partner, Dipak M. Rajani
John Fillipe Costa and 2 Ors
M. S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court