Mr.Manohar P. Dhotare Proprietor ... vs Shri.Dharamaji Shankar ...
2022 Latest Caselaw 7531 Bom

                                                                    19 -i- caf 166-22and ors .doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                      CIVIL APPLICATION NO. 166 OF 2022
                                                     IN
                                       FIRST APPEAL (ST) NO. 418 OF 2018

                        Manohar P. Dhotare , prop. of
                        M/s. Smith Industries                       ..Applicant.

                                    v/s.

                        Shri Dharamaji Shankar Thavi (deceased)
                        prop. Of M/s. Gaurishankar Pattern
                        Works & Ors.                                ..Respondents

                                                   WITH
                                     CIVIL APPLICATION NO. 3293 OF 2019
                                                    IN
                                      FIRST APPEAL (ST) NO. 421 OF 2018

                        Hiralal Panchal                             ..Applicant.

                                    v/s.

                        Shri Dharamaji Shankar Thavi (deceased)
                        prop. Of M/s. Gaurishankar Pattern
                        Works & Ors.                                ..Respondents


                                                   WITH
                                      CIVIL APPLICATION NO. 168 OF 2022
                                                     IN
                                       FIRST APPEAL (ST) NO. 426 OF 2018


                        Mr. Krishnakumar G. Adukia
                        prop. Of M/s. Rajkala Trading Corporation         ..Applicant.

                                    v/s.

                        Shri Dharamaji Shankar Thavi (deceased)
           Digitally
                        prop. Of M/s. Gaurishankar Pattern
           signed by
           PRASANNA P   Works & Ors.                                      ..Respondents
PRASANNA P SALGAONKAR
SALGAONKAR Date:
           2022.08.04
           17:36:21
           +0530


         P P SALGAONKAR                                                                   1 of 3
                                                                   19 -i- caf 166-22and ors .doc



                                           WITH
                              CIVIL APPLICATION NO. 1592 OF 2018
                                              IN
                               FIRST APPEAL (ST) NO. 5077 OF 2018

             Mr. P.V.Prabhu, prop. Of
             Siddhi Vinayak Kitchen Equipments
             through Lrs. Smt. J.V.Prabhu
             & Ors.                                               ..Applicant.

                             v/s.

             Shri Dharamaji Shankar Thavi (deceased)
             prop. Of M/s. Gaurishankar Pattern
             Works & Ors.                            ..Respondents

             Mr. Nikhil Rajeshirke for the Applicant.
             Mr. Anoop Sharma for the Respondent No.2.

                                          CORAM : ANUJA PRABHUDESSAI, J.

DATED : 2nd AUGUST, 2022.

P.C.

1. Learned Counsel for the Applicants seeks leave to amend para 9

and 12 of the delay application so as to correct the number of days of

delay. Leave granted. Amendment to be carried out forthwith.

2. By these applications, the applicant has sought to condone the

delay in filing appeal against judgment dated 12.11.2016. The Applicant

has stated that he was represented by Power of Attorney, who expired on

1.1.2015. He further stated that the Advocate on record also withdrew

his appearance without giving notice to the Applicant. The Applicant

has stated that the Applicant received notice in Execution proceeding in

the last week of November, 2017 in another connected Suit No. 1621 of

P P SALGAONKAR 2 of 3 19 -i- caf 166-22and ors .doc

1988. It is only thereafter that the Applicant learnt that the Suit Nos.

1618 of 1988, 1620 of 1988, 1616 of 1988 and 1619 of 1088 were also

decided by judgment dated 12.11.2016.

3. Considering the reasons stated in the applications, which in my

considered view, constitute sufficient ground , the delay is condoned.

Civil applications stand disposed of.

4. Appeals be registered after removal of office objections, if any.

                                                         (ANUJA PRABHUDESSAI, J.)




P P SALGAONKAR                                                                             3 of 3