M/S. Amogh Enterprises Thr. Its Partner Rajaram B. Manjavkar v. Magathane Kinara Co.Op. Hsg. Soc. Lts. Thr. Its Secretary
Case brief
What is this about?
Bombay High Court, Civil Appellate Jurisdiction (order dated 17.09.2025, Coram: R.I. Chagla & Farhan P. Dubash, JJ.) — Interim Application No. 10719 of 2025 in Commercial Appeal From Order Stamp No. 26166 of 2025 dismissed; condonation of 52 days' delay refused; cause held utterly dishonest; M/s. Dutta Associates shown to have all along acted for Applicant M/s. Amogh Enerprises (as Counsel per letter dated 28.02.2025, appointed by M/s. Elixir Legal; and as Advocates filing recall application I.A.(L) No. 5368 of 2025 against order dated 27.11.2024 in Commercial Suit No. 1249 of 2019 / Suit No. 93 of 2025); respondents Magathane Kinara Co-op. Hsg. Soc. Ltd. & Anr.; prior IA under Order VII Rule 10 CPC referenced.
What did the court decide?
The cause shown for the delay in filing the Commercial Appeal is utterly dishonest: M/s. Dutta Associates, though stated to be newly appointed vide Chamber Order dated 11th July 2025, had all along been in the know of these proceedings, having represented the Applicant both as Counsel and as the Advocate filing Interim Application (L) No. 5368 of 2025 for recall of the order dated 27th November 2024.