Bombay High CourtCAS/368/2016allowed

Express Earth Movers Through Its Proprietor Mr. Sayed Makhfi Habib v. 1. Municipal Corporation Of City Of Pune

2017-02-08Hon'Ble Shri Justice S.C. Gupte1 pages

sat cas 368-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 368 OF 2016 IN SECOND APPEAL NO. 559 OF 2010 Express Earth Movers ...Applicant vs.

Municipal Corporation of City of Pune & Anr.

...Respondents

Ms.Najma Sharif I/b. R.M. Momin for Applicant. Mr.R.S. Khadeparkar for Respondent.

CORAM : S.C. GUPTE, J.

8 FEBRUARY 2017 P.C.:

This civil application seeks recall of a self-operative order passed by the Registrar (Judicial-II) for dismissal of the second appeal for non-compliance with the office requisitions. For the reasons stated in the civil application, the impugned order of dismissal dated 15 October 2015 is recalled and set aside and the second appeal is restored to file. The requisitions, referred to in the order dated 15 October 2015, shall now be complied with by the Applicant - Appellant within a period of two weeks from today, failing which the appeal shall stand dismissed without reference to this court.

(S.C. GUPTE, J.) 1 / 1