Paramjeet Singh Saluja vs Suresh Sharma And Ors
2023 Latest Caselaw 11396 Bom

2023:BHC-AS:33813

                                                                              54. IA 7745-23.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO.7745 OF 2023
                                                 IN
                                 FIRST APPEAL (ST.) NO.11136 OF 2023


             Paramjeet Singh Saluja                  ...     Applicant/Appellant
                        Versus
             Suresh Sharma
             And Others                                    ...    Respondents
                                           ***
             Mr. Vinay J. Bhanushali a/w Mr. Abhiraj Rao and Mr. Sanmit Vaze
             for the Applicant/Appellant.

             Mr. Ashok Singh and Mr. Pravin Singh for Respondent No.1.
             Mr. Shezaad Shaikh i/b Krupali Rajani for Respondent No.3.
                                      ***
                             CORAM : NITIN B. SURYAWANSHI, J.

DATE : 6 NOVEMBER 2023 P.C.

. This is an application for condonation of delay of 367 days in

filing First Appeal challenging the impugned judgment and decree

dated 16 March 2022. It is the case of Applicant that he was never

served with the suit summons. Applicant states that for the first time

he came to know about passing of the decree on 30 th August 2022

when the same was mentioned in the SLP filed by the Respondents.

Since the parties are from Indore, some time was required to

approach and engage Advocate at Mumbai and file First Appeal. It

is also contended that arbitration award is already passed in the

Chittewan 1/2

54. IA 7745-23.doc

subject matter of the decree.

2. Learned Counsel appearing for 1st Respondent vehemently

opposed prayer of condonation of delay by relying reply filed by 1 st

Respondent. He submits that in the year 2010 itself, appearance of

the Advocate on behalf of the present Applicant was filed in the suit,

however, thereafter Applicant failed to attend the matter.

3. Considering the rival submissions and reasons stated in the

Interim Application, the same is allowed in terms of prayer clause

(a). Delay is condoned. First Appeal be numbered.

                                                                   (NITIN B. SURYAWANSHI, J.)




                        Chittewan                                                                   2/2
Signed by: Rajesh Chittewan
Designation: PA To Honourable Judge
Date: 06/11/2023 18:13:24