Devraj Sinh And Anr vs Wipro Ltd
2022 Latest Caselaw 8397 Bom

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                                                        41.WP.8308.2022.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                 WRIT PETITION NO.8308 OF 2022

Devraj Sinh & Anr.                          ..Petitioners
     Versus
Wipro Ltd.                                  ..Respondent

Mr. Hasmit Trivedi i/by Chirag Gandhi for the Petitioners.
Ms Fatima Fernandes i/b. Adv. Sachin Daga for the respondent.


                            CORAM : NITIN W. SAMBRE, J.

DATED : 25th AUGUST, 2022 P.C.:

1. Heard.

2. The order impugned is passed by the Appellate Bench of

Small Causes Court, Mumbai wherein MARJI Application No. 183 of

2017, Exhibit-7 seeking condonation of delay in preferring the

Appeal against the decree passed in T.E. & R. Suit No. 184/225 of

2012 came to be rejected.

3. The reliance is placed on the judgment of the Apex Court in

the matter between Rafiq vs. Munshilal reported in (1981) 3 SCR

509 which was further followed in Smt. Lachi Tewari and Others

vs. Director of Land Records and Others reported in 1984 (Supp)

SCC 431.

4. The contentions are, the delay caused in lodging the Appeal

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41.WP.8308.2022.doc

was caused due to the default on the part of the lawyer's clerk. He

would invite attention of this Court to the fact that the appeal

memo was formed on 16/12/2016 i.e. after the delay about 40

days. According to him, the Appeal was lodged in 07/07/2017.

5. He would further urge that the Apex Court in the above

referred both the judgments has taken a view that for default on

the part of the lawyer, litigants cannot made to suffer.

6. In the aforesaid background, his contentions are, delay was

unintentional and bonafide and that being so this Court put the

petitioners to a reasonable condition by setting aside the order

impugned by directing condonation of delay so that appeal can be

heard on merits.

7. Mr. Fernandes, counsel for the respondents seeks time to

respond to above.

8. Stand over to 15/09/2022.

          Digitally signed
ANANT     by ANANT
          KRISHNA NAIK
KRISHNA   Date:


                                                               (NITIN W. SAMBRE, J.)
NAIK      2022.08.25
          19:50:48 +0530




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