M/S. ABBEE CONSUMABLES AND PERIPHERALS SSHOPE LTD., PUNE vs M/S. METRO ASSOCIATES, MUMBAI

Judgment text excerpt

13-FA(ST)-9280-2021.doc rsk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.9280 OF 2021 WITH INTERIM APPLICATION NO.19228 OF 2022 WITH INTERIM APPLICATION NO.19227 OF 2022 M/s. Abbee Consumables And Peripherals Sshope Ltd, 202, Kumar Garima, Opp. TCS, Tadiwala Road, Pune – 411 001. … Applicant In the matter of M/s. Abbee Consumables And Peripherals Sshope Ltd, 202, Kumar Garima, Opp. TCS, Tadiwala Road, Pune – 411 001. Through its Managing Director Shir Badrinarayan Bansilal Somani … Appellant (Orig. Defendant) Versus M/s. Metro Associates A Partnership Firm Through its Partner Digitally Shri Haresh Pakardas Tilokaani signed by RAJESHWARI RAJESHWARI SUBODH KARVE Office at – 311, United Ind. Premises, SUBODH KARVE Date: 2026.03.16 Mogal Lane, Mahim, 18:10:48 +0530 Mumbai – 400 016. ...Respondent (Orig. Plaintiff) _____________________________________________________ Mr. Sandeep M. Phatak a/w. Mr. Adhik Kadam, for the Appellant. None for Respondent. _____________________________________________________ 1 of 6 13-FA(ST)-9280-2021.doc CORAM : JITENDRA JAIN, J. DATED : 16 MARCH 2026 Judgment : 1. This application is filed seeking condonation of delay of 3 years and 60 days in filing the first appeal challenging the decree, judgment and order dated 8 January 2018 passed by the City Civil Court, Mumbai in Summary Suit No.1467 of 2017 whereby the original defendants were directed to pay Rs.15,25,000/- to plaintiff alongwith interest @ 18 % on principal amount of Rs.10 lakhs. 2. Appeal was required to be filed within 30 days under Section 15 of the Bombay City Civil Court Act, 1948 i.e. on or before 8 February 2018. Even if the date of obtaining certified copy is considered, appeal was required to be filed on or before 16 May 2018. Ap