Laxmi Ashish Industrial Premises Co-Op Soc. Ltd. v. Laxmi Industrail Estate And Othrs

17 caf 4638-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 4638 OF 2013 IN FIRST APPEAL NO. 1853 OF 2011 WITH CIVIL APPLICATION NO. 4639 OF 2013 IN FIRST APPEAL NO. 1854 OF 2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Laxmi Murli i/b Laxmi Murli & Asso. for the applicant.

Mr. R.A. Thorat, Sr. Counsel i/b K.P. Mali for the respondent no.2.

Ms. Meghna Rajadhakshya i/b Khaitan & Co. for respondent nos. 4, 6 & 8.

Mr. Sushil Upadhyay i/b A.M. Saraogi for respondent no.7.

CORAM : K. K. TATED, J.

DATED : 13/02/2015.

P.C.:

.

Heard learned Counsel for the parties.

These applications are preferred by defendant for restoration of First Appeal nos. 1853 of 2011 and 1854 of 2011, which were dismissed in view of conditional order dated 10.03.2011 passed by this Court directing applicant to file private paper book within one year.

The learned Counsel for the applicant submits Sneha Chavan 1/2

17 caf 4638-13=.doc that the private paper book is ready. She undertakes to file the same within two weeks from today. Considering the submissions made by learned counsel for the applicants, and as the applicants have given undertaking that they are ready and willing to file private paper book within two weeks from today, I am satisfied that applicant has made out the case for allowing the civil application. Hence, the following order.

a) First Appeal no. 1853 of 2011 and First Appeal no. 1854 of 2011 are restored on file. b) Two weeks time is extended from today to comply the order dated 10.03.2011 i.e. filing of private paper book, failing which civil applications shall stand dismissed without referring back to the court .

c) Both Civil Applications disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2