Balurghat Technologies Limited ... vs Bdh Industries Limited
2021 Latest Caselaw 14642 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2021.10.07
             12:18:31 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                         INTERIM APPLICATION (ST.) NO.98007 OF 2020
                                                                      IN
                                                 FIRST APPEAL (ST.) NO.98004 OF 2020


                                   Balurghat Technologies Limited Through
                                   its Authorised Signatory Arun Kumar
                                   Sethi                                 ..                 Applicant

                                           Vs.

                                   BDH Industries Ltd.                        ..          Respondent

                                                                 ...
                                   Mr. Aditya S. Raktade with Mr. Amit Keswani for the applicant.

                                                                      ...

                                                      CORAM : SMT. BHARATI DANGRE, J.

                                                      DATED       : 06TH OCTOBER, 2021.

                                   P.C:-

1. By the present application, the applicant seeks condonation of delay of 650 days in instituting the first appeal. The first appeal is filed being aggrieved and dissatisfied by the impugned judgment and decree dated 05/05/2018 passed by the Bombay City Civil Court at Bombay in Suit No.7485 of 1996. The delay is sought to be explained in paragraph Nos.3 to 7 of the

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application and it is prayed that the delay which had occasioned being not intentional justify itself as a 'sufficient ground' for not approaching the court within the period of limitation.

2. Issue notice to the respondents, returnable on 22/11/2021. The applicant is also permitted to serve by private notice and file an affidavit of service to that effect.

[SMT. BHARATI DANGRE, J.]

AJN