Smt. Sundarbai Natthuji Chopkar vs Shri Vishal Devilal Jaiswal
2021 Latest Caselaw 14912 Bom

15.SAST.8602.2021.                                                                                             1/2


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR

                                     Pursis Stamp No.01/2021
                                                IN
                                Second Appeal Stamp No.8602/2021
                   Smt. Sunderbai Natthuji Chopkar Vs. Shri Vishal Devilal Jaiswal
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                              Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri Prashant Vaidya, Advocate for the Appellant.

                 CORAM : S.M. MODAK, J.

DATE : 12th OCTOBER, 2021.

As per the office note, there is a delay of 409 days in preferring an appeal. Whereas, according to learned Advocate for the appellant, there is no delay in view of the directions given by the Hon'ble Supreme Court in Miscellaneous Application No.665/2021 in SMW(C) No.3/2020 (cognizance for extension of limitation) dated 23rd September, 2021. The period starting from 15th March, 2020 till 2nd October, 2021 was directed to be excluded while computing the period of limitation. There is a submission that in view of this direction, the office need not have taken objection.

02] The first Appellate Court has delivered the judgment on 11th March, 2020. So, this appeal is covered by the above said observations. In view of that, the appeal is presumed to have been filed in time. Everyone is deemed to be aware about the directions given by the Hon'ble Supreme Court about exclusion of limitation. This Court has also experienced in so many matter that limitation objections are being taken by the office staff.

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03] Learned Registrar (Judicial) is directed to apprise the staff about the directions given by the Hon'ble Supreme Court time and again. Instead of mentioning that there is a delay, they could also mention that the particular matter comes within the time limit fixed by the Hon'ble Supreme Court.

04] In view of that, this second appeal be registered. Office to process it.

              05]              The pursis is disposed of.

              06]              Matter be kept on 21st October, 2021 for admission.



                                                               JUDGE


              vijay