Tata Motors Limited vs Daga Global Chemicals Private ...
2023 Latest Caselaw 2555 Bom

Bhalchandra                                              21-Caf-4232-2018.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                     CIVIL APPLICATION NO.4232 OF 2018
                                     IN
                  FIRST APPEAL (STAMP) NO. 19327 OF 2018

Tata Motors Limited                                           ...Applicant


IN THE MATTER BETWEEN

Tata Motors Limited                                           ...Appellant

        Versus

Daga Global Chemicals Private Ltd. & Ors.                     ...Respondents

                                      .....
Mr. Abhishek Khare a/w Mr. R.P. Shirole, Ms. Anusya Raghavan for the
Applicant/Appellant.
Mr. Pankaj S. Shah for the Respondent No.1.
                                      .....

                                  CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 16th MARCH, 2023.

P.C.

1. Heard learned Counsel for the Applicant and the

Respondents.

2. A delay of 82 days has been occurred in preferring this First

Appeal against Judgment and Decree passed by the City Civil Court,

Mumbai on 28th February, 2018. It is submitted by the learned Counsel

for the Applicant that he has assigned reasons in para 3 and 3A of the 1 of 2

Bhalchandra 21-Caf-4232-2018.odt

Application stating the grounds which are bona-fide. It is submitted

that sufficient cause has been shown, which resulted into the delay and,

therefore, it needs to be condoned.

3. The learned Counsel for the Respondents with his detailed

reply, strongly objected the condonation of delay, more particularly, for

the reasons stated in para 6 of the reply.

4. It has been a settled position of law that all disputes of civil

nature, as far as possible, should be decided on merits. Even otherwise,

it can be seen that the delay is not inordinate.

5. As such, the Application is allowed and the delay stands

condoned.

6. Registry shall number the Appeal.

7. The Application stands disposed off in the aforesaid terms.

8. List the Appeal for admission in the week commencing

from 19th June, 2023.

[PRITHVIRAJ K. CHAVAN, J.]

2 of 2