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2021 Supreme(Bom) 1137

M.S.SONAK
Shivam Kamat – Appellant
Versus
Kodewprk United Llp – Respondent


Advocates appeared:
Kalpa Govenkar, Advocate, Venkatesh Ameya Nayak Salatry, Advocate

JUDGMENT

M S Sonak, J. - Heard Ms. Kalpa Govenkar, learned Counsel for the Petitioner and Mr. Salatry, learned Counsel for the Respondents.

2. Rule.

3. Rule is made returnable forthwith at the request and consent of the learned Counsel for the parties. Learned Counsel for the Respondents, waives notice.

4. The challenge to this Petition is to the order dated 27.12.2019, by which, the learned Trial Judge has refused to condone the delay of 260 days in filing the written statement.

5. The record indicates that the Petitioner filed two applications seeking extension of time to file written statement and the same were granted since the time was extended up to 90 days in all. The third application of the Petitioner which was filed beyond 90 days, was rejected.

6. The Petitioner did not immediately file for recall of this order and leave to file written statement. Rather, the Petitioner filed such application with a delay of 260 days and it is this application which was dismissed by the impugned order.

7. Ms. Govenkar, the learned Counsel for the Petitioner submits that the Petitioner was a young person of 23 years and, therefore, had certain difficulties in grasping the issues raised in the pl

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