M/S Kiran Shetty And Co vs Shobha Sunil Kambli And Ors
2023 Latest Caselaw 7926 Bom

2023:BHC-AS:22528                                                        14-IA-9988-2022.doc


                    Shailaja
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                               INTERIM APPLICATION NO.9988 OF 2022
                                                IN
                               FIRST APPEAL [STAMP] NO.11780 OF 2022

                    M/s. Kiran Shetty & Co.                             ]
                    Correctly known as Kiran Shetty Design              ]
                    Studio, Design Consultancy Firm by and              ]
                    through It's Proprietor Kiran Shetty                ]        Applicant

                    IN THE MATTER BETWEEN:

                    M/s. Kiran Shetty & Co.                     ]
                    Correctly known as Kiran Shetty Design      ]
                    Studio, Design Consultancy Firm by and      ]
                    through It's Proprietor Kiran Shetty        ]    Appellant
                          Vs.
                    Shobha Sunil Kambli widow of                ]
                    Sunil G. Kambli and others                  ]    Respondents
                                                    .....
                    Mr. Karl Tamboly a/w Sheetal Shah, Dimple Bitra and Dua Shaikh
                    i/b M/s. Mehta & Girdharlal, for Applicant.

                    Ms. C.S. Savithri, for Respondent Nos. 1 to 3.

                    Mr. Pandit Kasar, for Respondent No.4.
                                                  ......

                                               CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                DATE      : 7th August, 2023.

                    P.C.

1. Heard learned Counsel for the applicant and learned Counsel

for the respondents.

1 of 2

14-IA-9988-2022.doc

2. This is an application seeking condonation of delay of 1346

days occurred in filing the appeal against the impugned judgment

and decree passed by the trial Court.

3. Learned Counsel for the respondents object the prayer for

condonation of delay.

4. For the reasons stated in paragraphs (j) and (l) of the

application, it appears that delay was not deliberate but bona fide.

As such, application is allowed in terms of prayer clause (a) subject

to costs of Rs.5,000/- to be paid to respondent No.1 within four

weeks. Subject to deposit of costs, Registry to number the appeal.

5. Application is disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

2 of 2