(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) This is an application for condonation of delay of 275 days in filing Letters Patent Appeal.
We have heard Mr.M.R.Bhatt, learned counsel for the applicants, learned advocate Mr.Nirzar S.Desai for the respondent No.1 and learned advocate Mr.H.J.Nanavati for the respondent No.3. Learned advocate Mr.M.R.Bhatt for the applicants states that the respondent No.2 has not been served and he is a formal party and therefore he is not required to be served.
In view of the statement made by learned advocate for the applicants and since other respondents have been served and considering the contents of the application, it cannot be said that the delay caused in filing the appeal has remained totally unexplained. Therefore, we are of the view that the delay caused in filing Letters Patent Appeal deserves to be condoned. Accordingly this application is allowed. Delay is condoned. Rule is made absolute.
Office is directed to list the main appeal for hearing on 18.01.2012.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top