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2018 DAILYLAW 3662 (BOM)

COSMOS TEXTILE MILLS PVT. LTD. v. M/S. DHANESH and CO. AND ORS.

CAF/3894/2018 · 2026-09-03

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Judgment text

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1/2 30-CAF-3894-2018 (C).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3894 OF 2018 IN FIRST APPEAL (ST) NO. 22921 OF 2018 Cosmos Textile Mills Pvt. Ltd. ...Applicant Versus M/s. Dhanesh and Co. ...Respondent WITH CIVIL APPLICATION NO. 3895 OF 2018 IN FIRST APPEAL (ST) NO. 22921 OF 2018 _______ Mr. Mihir R. Govilkar for the Applicant. _______ CORAM : ARIF S. DOCTOR, J. DATE : 3 rd SEPTEMBER, 2026 P.C. 1. The Civil Application seeks condonation of delay in filing of the captioned First Appeal. Mr. Govilkar, learned Counsel appearing on behalf of the Applicant, points out that though the Respondents have been duly served, none appears on their behalf. 2. Having heard learned Counsel for the Applicant and having perused the averments made in the Civil Application, I find that the substantive interest of justice would best be served if the delay is condoned and the First Appeal is heard on merits. Areeb MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.09.08 19:19:19 +0530 2/2 30-CAF-3894-2018 (C).DOC 3. Even otherwise, I find that the delay has been sufficiently explained and is not so inordinate as to cause any prejudice to the Respondents. Accordingly, the Civil Application is allowed in terms of prayer clause (a). 4. The Civil Application is accordingly allowed and disposed of. [ARIF S. DOCTOR, J.] Areeb