METAL ROLLING WORKS LTD Vs. HARESH KAPADIA

JUDGEMENT

(1.) The Applicant/Plaintiff has preferred this Application to condone the delay of 1503 days in filing the instant Application to set aside the order dtd. 1/10/2015, whereby the suit came to be dismissed for want of prosecution and also to set aside the said order and restore the suit to file for adjudication on merits.

(2.) The Applicant avers, it had engaged Mr. Anirudda P. Sathe, Advocate to represent it in the suit. Mr. Sathe suffered a paralytic stroke and had not been keeping good health. Mr. Sathe's colleague Ms. Lata Wadhwani, who had also filed Vakalatnama along with Mr Sathe, started her independent practice. The Applicant/Plaintiff Company came to be amalgamated with M/s. Lallubhai Amichand Ltd.

(3.) The Applicant avers, on account of indifferent health of Mr. Sathe and amalgamation of the Applicant Company with M/s. Lallubhai Amichand Ltd., the Applicant lost track of the suit. In the last week of August 2019, upon being enquired by an Advocate who was entrusted with certain criminal matters, the Applicant tried to ascertain the stage of the instant Suit. It transpired that the suit stood dismissed by the Court for want of prosecution by an order dtd. 1/10/2015. The Applicant claimed to have immediately obtained certified copies of the proceedings and instituted this Interim Application.