The Court allowed two interim applications seeking condonation of a 13-day delay in filing appeals, finding the delay not inordinate and attributable to the applicant's illness, thus warranting the interest of justice.
Condonation of 13-day delay in filing appeals; Appeals to be heard on merits.
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Digitally signed LAXMIKANT by LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2024.02.22 10:13:59 +0530
1 (401&402) IAs-581.24&585.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.581 OF 2024 IN APPEAL (L) NO.28311 OF 2023 IN INTERIM APPLICATION NO.3890 OF 2022 IN SUIT NO.2666 OF 1992
Vimaldev Hirjibhai Thakkar & ors. : Applicants.
In the matter between
Vimaldev Hirjibhai Thakkar : Appellants/ and others Org. Plaintiffs Vs. Dr. Chandrashekhar Hirjibhai : Respondents. Thakker and others. : Org. Defendants.
WITH
INTERIM APPLICATION NO.585 OF 2024 IN
APPEAL (L) NO.28214 OF 2023 IN INTERIM APPLICATION (L) NO.30710 OF 2021 IN SUIT NO.2666 OF 1992
Vimaldev Hirjibhai Thakkar & ors. : Applicants.
In the matter between
Vimaldev Hirjibhai Thakkar : Appellants/ and others Org. Plaintiffs
1 of 3
LGC
2 (401&402) IAs-581.24&585.24.doc
Vs.
Dr. Chandrashekhar Hirjibhai Thakker and others.
: Respondents. : Org. Defendants.
Mr. Yatin Shah a/w Mr. Vipul Makwana for the Applicants/Appellants in both matters.
Ms. Khushboo Rupani i/by HSA for Respondent No.1 in both matters.
Mr. Nakul Jain a/w Mr. Harsh Behany, Ms. Saloni Manjrekar and Ms. Prachi Sanghvi i/by HN Legal for Respondent Nos. 2 and 3 in both matters.
CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J. DATE : 20th FEBRUARY, 2024
P.C. :
delay of a period of 13 days in filing the captioned Appeals.
2 of 3
LGC
3 (401&402) IAs-581.24&585.24.doc
delay is of only 13 days and not inordinate in nature. The Applicants have set out that the delay arose on account of the fact that Applicant No.1 was unwell. Given the totality of circumstances, we find that the interest of justice would warrant that the delay be condoned and Appeals be heard on merits.
terms.
(ARIF S. DOCTOR, J.)
(CHIEF JUSTICE)
3 of 3
LGC
1 issue framed by the court
Whether to condone a delay of 13 days in filing appeals.
Vimaldev Hirjibhai Thakkar
Dr. Chandrashekhar Hirjibhai Thakker
DEVENDRA KUMAR UPADHYAYA
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
