CATHOLIC SYRIAN BANK LTD Vs. A C INDUSTRIES

JUDGEMENT

(1.) THE present application is preferred for condonation of delay of 2501 days in preferring the appeal against the judgment and decree of the trial Court which is impugned in the First Appeal.

(2.) WE have heard Mr.Parikh, learned counsel appearing for the applicant and Mr.Patel, learned counsel appearing for the respondent No.1 original plaintiff.

(3.) THE contention raised on behalf of the applicant is that after the exparte judgment and decree passed by the trial Court, the application was preferred under Order 9 Rule 13 of the Civil Procedure Code for setting aside the exparte order. The said application came to be dismissed against which the applicant preferred Special Civil Application No.23274 of 2006 and the said Special Civil Application was entertained and then interim injunction was granted. However, at the time of final hearing the said petition was withdrawn with a liberty to file appropriate proceeding before the appropriate forum which as per the applicant is the present appeal and, therefore, in the submission of the learned counsel for the applicant Section 14 would be attracted for condonation of delay since the applicant was pursuing the remedy in bonafide before the appropriate forum. He submitted that, therefore, it is a good case to condone the delay. The learned counsel for the applicant relied upon the decision of the Apex Court in the case of Consolidated Engineering Enterprises Vs. Principal Secretary, Irrigation Department and others, 2008 7 SCC 169 and decision of the Apex Court in the case of Union of India and others Vs. West Coast Paper Mills Ltd and another, 2004 3 SCC 458 and submitted that pursuing the remedy in bonafide or in good faith and the defect of jurisdiction, both are to be liberally interpreted and, therefore, the delay deserves to be condoned.