N.K.S. Mining Limited, Kolkata ... vs Dr. Satish S/O Vasantrao ...
2022 Latest Caselaw 13010 Bom

                                                    1                                 40.CAF.1142-2020.odt




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

                    CIVIL APPLICATION (CAF) NO. 1142 OF 2020
                                       IN
                       FIRST APPEAL (ST) NO. 6980 OF 2020
                     ( N.K.S. Mining, Thr. Its Authorized Signatory
                                           Vs.
                      Dr. Satish s/o Vasantrao Chiddarwar & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. S.V. Sohoni, Advocate for the Applicant/Appellant.
                                  Mr. B.G. Kulkarni, Advocate for the Non-applicant/Respondent Nos.1 & 2.
                                  Mr. S.A. Sahu, Advocate h/f Mr. M.I. Dhatrak, Advocate for the
                                  Non-applicant/Respondent No.4.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 14th DECEMBER, 2022.

The application seeks condonation of delay of 988 days in filing the appeal challenging the ex-parte judgment and decree dated 09.08.2017.

2. Mr. Sohoni, learned counsel for the applicant/ appellant submits, that in view of the consent accorded by the non-applicant/respondent Nos. 1 and 2 (original plaintiffs) in Spl.C.C. No. 567/2015, by the Pursis dated 14.12.2022, which is taken on record and marked as 'X' for the purpose of identification, the applicant/appellant is wiling to compensate the inconvenience caused to the non-applicant/respondent Nos. 1 and 2 by payment of Rs. 50,000/- each to the non-applicant/respondent Nos. 1 and 2, for which two Demand Drafts both dated 2 40.CAF.1142-2020.odt

12.12.2022 drawn on the HDFC Bank in the sum of Rs.50,000/- in favour of non-applicant/respondent Nos. 1 and 2 have been handed over to the learned counsel for the non-applicant/respondent Nos.1 and 2, considering which, since the non-applicant/respondent Nos. 3, 5 and 6 are served, accepting the reasons given and the above statement regarding compensation, the delay is condoned. The application is allowed.

3. Office to register the Appeal.

FIRST APPEAL (ST) NO. 6980 OF 2020

In view of the Pursis dated 14.12.2022, which records the consent of the respondent Nos. 1 and 2 (original plaintiffs in Spl.C.C. No. 567/2015) for setting aside the judgment and decree dated 09.08.2017 and remanding the matter to the learned Trial Court within a period of six months from the date of appearance, for which they have been compensated as indicated in the order on the application for condonation of delay (CAF No.1142/2020), issue notice to the respondents for final disposal of the matter at the stage of admission itself, returnable on 03.01.2023.

2. Mr. Kulkarni, learned counsel waives notice for the respondent Nos. 1 and 2.

3. Mr. Sahu, learned counsel waives notice for the respondent No. 4.

4. The respondent Nos. 3, 5 and 6 be served with the notice for final disposal by 03.01.2023 by all 3 40.CAF.1142-2020.odt

modes permissible in law including E-mail and Whats App.

5. Hamdast is granted.

6. The respondent No. 3 is reported to be in jail, considering which, he be served through the Prison Authority.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:15.12.2022 15:45