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Bombay High CourtCAC/51/2019

Gangar Timber Hub, Thr. Sole Proprietor Mr. Praful Gangar v. Krishna Knitwear Technology Ltd.

2019-02-22Hon'Ble Shri Justice K.K. Tated2 pages

29.51.19-cac.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.51/2019 IN CIVIL REVISION APPLICATION (ST) NO.33116/2018 Gangar Timber Hub ... Applicant V/s.

Krishna Knitwear Technology Ltd.

... Respondent Mr. Mayur Agarwal I/b. Rahul Jain for the Applicant Ms. Anjali Ghuge I/b. Kulkarni & Associates for the Respondent

CORAM:

K.K. TATED, J.

DATED :

FEBRUARY 22, 2019 P.C. :

Heard. By this Civil Application, the Applicant is seeking restoration of the Civil Revision Application which stood dismissed for non removal of office objections. The learned counsel for the Respondent seeks some time to file Affidavit-in-Reply.

It is to be noted that the Civil Application is served on the Respondent on 21.01.2019. In spite of that there is no Affidavitin-Reply. Therefore, there is no question of granting any time. The learned counsel for the Applicant submits that it remained on their part to remove all office objections in time. He Basavraj G. Patil 1/2

29.51.19-cac.doc further submits that they removed all office objections except re-typing of certain documents. He further submits that the Applicant undertakes to remove all office objections on or before 08.03.2019.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Civil Revision Application (ST) No.33116/2018 is restored to file for hearing on merits by partially recalling the order dated 28.11.2018 to the extent of dismissal of the matter. b) The Applicant to remove all office objections in the Civil Revision Application on or before 08.03.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

c) Civil application stands disposed off accordingly. (K. K. TATED, J.) Basavraj G. Patil 2/2