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1998 Supreme(Bom) 342

R.M.S.KHANDEPARKAR
Victor Albuquerque – Appellant
Versus
Saraswat Co-operative Bank Ltd. and others – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:--This is an application for condonation of delay of 182 days in filing an appeal against the order dated 15th March 1997 passed by Civil Judge, Senior Division, Panaji in Civil Misc. Application No. 252/96/B in Special Civil Suit No. 132/96/B. It is the case of the applicant that he did not challenge the order dated 15th March 1997, even after obtaining the certified copy thereof on 20th March 1997, till 15th December 1997 for the following reasons namely:--

(a) Prior to the passing of the order dated 15th March 1997, the applicant had already filed a comprehensive suit claiming for several reliefs and as such the applicant thought that there was no need of filing an appeal against the said order dated 15th March, 1997.

(b) The applicant was holding compromise talks with respondent No. 3 regarding a global settlement between the parties and the same had reached in the final stage and the dispute seemed to be on the verge of amicable settlement and even adjournments were sought on several occasions on that count jointly by the parties.

(c) The applicant bona fide thought that the filing of an appeal at that stage may only retard the settlement talks
























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