Naresh H. Patil,

1. The Notice of Motion (L) No. 596 of 2018 is filed seeking leave to appeal for challenging the Judgment and Order dated 14th & 15th February, 2018 delivered by the learned Single Judge in Commercial Suit No. 65 of 2013 and for condoning the delay in filing the appeal.

2. The respondent No.1 - Bellamy Constructions & Infrastructure Pvt. Ltd., Original Plaintiff, filed Commercial Suit No. 65 of 2013 against the respondent no. 2 – Bank of India, Original sole Defendant seeking a decree for a sum of Rs.4.80 crores. The plaintiff contends in the said Suit that it is a company registered under the Companies Act, 1956 and engaged in the business of real estate development and construction activities. The plaintiff stated that plaintiff is the owner of land bearing CTS No.25A of Chakala and CTS No.215/B of Mulgaon Mahakali Caves Road, Andheri-Kurla Road, Andheri (East), Mumbai – 400 093. Under the Letter of Intent dated 8th July, 2011 addressed by the plaintiff to Ahluwalia Contracts (India) Ltd., applicant/appellant herein, (hereinafter referred to as “ACIL”) and confirmed by ACIL, the plaintiff confirmed their intention to enter into a contract with ACIL for su