SHIVPARVATI SAKHAR KARKHANA LTD Vs. JAGANNATH SITARAM SHAHANE

JUDGEMENT

(1.) HEARD.

(2.) THIS civil application is filed by the applicants for condonation of delay of little over 5 months in filing of the appeal. Learned counsel for the respondent no. 1 strongly opposes the application and submits that the delay is gross and has not been sufficiently explained and therefore the delay should not be condoned.

(3.) THE respondents no. 1 and 2 had filed suit bearing Special Civil Suit no. 15 of 2005 against the appellants for recovery of the amount deposited by them with the respondent no. 1 sugar factory. The suit was decreed. Applicants filed an appeal but after the period of limitation alongwith an application for condonation of delay in the District Court at Beed. By it"s judgment and order dated 11. 12. 2006, the learned Principal District Judge, Beed dismissed the application (Misc. Civil Appeal no. 41 of 2006) filed by the appellants for the condonation of delay. Aggrieved applicants filed a writ petition bearing Writ Petition no. 4418 of 2007 in this Court in July, 2007 challenging the order of the first appellate Court. However, since the order refusing to condone the delay in filing of the appeal and thereby dismissing the appeal has been held to be appellable the writ petition was withdrawn on 21. 8. 2007 and the present second appeal has been filed on 4. 9. 2007.