M/S. Bengal Mills And Stores ... vs M/S. Kalpataru Power ...
2022 Latest Caselaw 11970 Bom

                                                                   20-CAF-3568-19.doc

Sharayu Khot.
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                           CIVIL APPLICATION NO. 3568 OF 2019
                                            IN
                          FIRST APPEAL (ST) NO. 11782 OF 2019


      M/s. Bengal Mills & Stores Supply Co.                   ...Applicant

                Versus

      M/s. Kalpataru Power Transmission Limited               ...Respondent

                                         ----------
      Mr. Nitesh V. Bhutekar for the Applicant.
      Mr. Akshay Udeshi a/w Mr. Saurabh Deorukhkar i/by M/s. Sanjay
      Udeshi & Co. for the Respondent.
                                         ----------

                                         CORAM : R.I. CHAGLA J

                                           DATE       : 22 November 2022

      ORDER :

1. By this Civil Application, the Applicant is seeking

condonation of delay of 65 days in filing the present First Appeal.

2. Learned Advocate appearing for the Respondent has

vehemently opposed grant of the relief sought on the ground that

delay is far and in excess of 65 days in filing the First Appeal. He has

20-CAF-3568-19.doc

relied on documents including the Roznama of another matter, which

matter has been referred to paragraph 3 of the Civil Application in

Suit No. 4165 of 2009 to refute the contention of the Applicant that

they were busy, as that matter was to be decided by the Court in a

time bound manner and for which cross examination was going on

day-to-day basis. Therefore, there was delay in filing the First Appeal

challenging the judgment dated 3rd January 2019.

3. In view of the objection raised by the Respondent, it

would be appropriate for the Respondent to file Affidavit in Reply to

the Civil Application within a period of two weeks from the date of

this order.

4. The Appellant is at liberty to file Affidavit in Rejoinder

within a period of one week thereafter.

5. Place the Civil Application on 19th December 2022.

[R.I. CHAGLA J.]