Dharamshir Trading And Marketing ... vs Motilal M. Shah (Deceased) Karta ...
2021 Latest Caselaw 14363 Bom

                                                                       20-ia-2646-2021 fa-767-2017.doc




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO. 2646 OF 2021
         Digitally
         signed by
                                                    IN
         SHRADDHA
SHRADDHA KAMLESH                    CIVIL APPLICATION NO. 588 OF 2014
KAMLESH TALEKAR
TALEKAR  Date:
         2021.10.06
                                                    IN
         18:55:51
         +0530                        FIRST APPEAL NO. 767 OF 2017

                      Dharamshir Trading and Marketing
                      Private Limited                            ... Applicant
                      In the matter between :
                      Dharamshir Trading and Marketing
                      Private Limited                          ... Appellant
                             Vs.
                      1. Motilal Manshi Shah
                      (Since deceased)
                      1A. Mrs. Hiraben Motilal Shah
                      & Ors.                                   ... Respondents
                                                      .....
                      Mr. Dinesh Tiwari a/w. Adv. Ansh Karnawat i/b Dinesh Tiwari &
                      Associates for applicant in IA.
                      Mr. Kamal Khata a/w. Mr. Yatin R. Shah and Mr. Shahzad Khajotia
                      for respondent Nos.1A to 1F.
                                                      .....
                                                CORAM     :    N.J. JAMADAR, J.

                                                DATE      :    4th October, 2021
                      PER COURT:

1. Heard the learned counsel for the applicant.

2. It seems that Civil Application No. 588 of 2014 came to be

dismissed for non-appearance of the applicant.

3. The learned counsel for the applicant submits that the

application came to be listed on 26 th April 2019 for the first time

after 12th July 2017, on which date, it was recorded that the

possession with the applicant shall not be disturbed in the

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meanwhile.

4. The learned counsel for the applicant has invited the

attention of the Court to the order passed in Civil Application No.

589 of 2014, preferred by the co-defendant in First Appeal No. 186

of 2014, whereby the operation and implementation of the

impugned judgment and decree has been stayed.

5. The learned counsel for the respondents submits that the

applicant has ascribed no sufficient cause in the application for

delay in taking out the application and non-appearance.

6. The Courts lien in favour of adjudication on merits rather

than for default and non-appearance. Since the execution of the

decree is stayed on an application filed by the co-defendant, it

would be expedient, in the interest of justice, to hear the

application for stay preferred by the applicant, on merits.

7. Thus, to advance the cause of justice, the application stands

allowed in terms of prayer clauses (a) and (b).

8. The application stands disposed of.

9. Civil Application No. 588 of 2014 stands restored to file.

10. Civil Application No. 588 of 2014 be listed for hearing on

20th October 2021.

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11. It is made clear that no request for adjournment, on any

ground whatsoever, shall be entertained in Civil Application No.

588 of 2014.

12. All concerned to act on an authenticated copy of this order.

Shraddha Talekar, PS

( N.J. JAMADAR, J. )

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