Bombay High Court
Bhirgu Jogardhan@Bhirgunat Ram Mistry ... vs Canara Bank And Ors on 6 October, 2021
Author: Bharati Dangre
Bench: Bharati Dangre
Digitally signed by
JAYARAJAN JAYARAJAN
ANJAKULATH ANJAKULATH NAIR
NAIR Date: 2021.10.08
11:43:25 +0530
1/3 09 CAF-3114.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.3114 OF 2019
IN
FIRST APPEAL (ST.) NO.7216 OF 2018
ALONG WITH
CIVIL APPLICATION NO.1922 OF 2018
Bhirgu Jogardhan @ Bhirgunatram
Mistry (Deceased) Through
LRs Kusum J. Vishwakarma & Anr. .. Applicants
Vs.
Canara Bank & Ors. .. Respondents
...
Mr. Priyansu S. Mishra for the applicants.
Ms. Jyotsna Puthran i/b Mr. Sanjeev Kanchan & Co. for the
respondents.
...
CORAM : SMT. BHARATI DANGRE, J.
DATED : 06TH OCTOBER, 2021.
P.C:-
CIVIL APPLICATION NO.1922 OF 2018
1. By the present application, delay of 46 days in instituting the appeal is sought to be condoned.
AJN
2/3 09 CAF-3114.19.odt
2. Heard learned counsel for the applicants and respondents. Perused the application. The delay of 46 days is explained as bona fide and a specific averment is made in the application that it is not willful. The appointment of lawyer on part of the bank consumed some time and, that is how, the delay is sought to be explained.
3. On consideration of the reasons narrated in paragraphs 3 and 4 of the application, I am of the opinion that the delay deserves to be condoned, particularly when no prejudice is likely to be caused to the respondents.
4. Civil application is made absolute in terms of prayer clause
(a).
First Appeal (St.) No.7216 of 2018
5. By the present appeal, the appellant-bank poses a challenge to the impugned judgment passed by the City Civil Court in Suit No.7929 of 2000 by which the suit filed by the respondent No.1 is decreed with costs and defendant Nos.1 to 3 to the suit are held jointly and severally liable to pay to the plaintiff an amount of Rs.83,000/- along with future interest at the rate of 6% per annum from the date of filing of the suit till realization.
AJN
3/3 09 CAF-3114.19.odt
6. The effect and operation of the said judgment is stayed subject to the appellant depositing the decretal amount. It is informed that accordingly, the amount has been deposited in the City Civil Court, Bombay.
CIVIL APPLICATION NO.3114 OF 2019
7. This application is taken out for withdrawal of the said amount. The said application is vehemently opposed by learned counsel for the appellant and it is argued that the appeal itself can be worked out finally.
Since the willingness is shown by learned counsel to argue the appeal finally after Diwali vacation, following order is necessary:
Admit. The appellant shall prepare the necessary private paper book before the next date of hearing. The appellant shall take steps to serve notice to respondent Nos.2 and 3.
The Registry is also directed to issue notice to respondent Nos.2 and 3, returnable on 06/12/2021.
Compliance of all the aforesaid directions shall be ensured before the returnable date when the appeal shall be heard finally. The application for withdrawal of the amount is deferred till then.
[SMT. BHARATI DANGRE, J.] AJN