Mr. Vitthal Ramakant Bhanushali And ANR. v. Om Shree Ganehs Container Pvt. Ltd. And ANR.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3676 OF 2017 IN FIRST APPEAL (ST.) NO.15204 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Mahendra Agavekar I/b Mr.Yogendra M.Pendse for the applicant CORAM : K. K. TATED, J DATE : AUGUST 14, 2019 P.C.:

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Heard.

The learned counsel for the Applicant submits that by this Civil Application they are seeking to set aside the order dated 29.9.2015 passed by learned Registrar (Judicial-II) by which First Appeal (St.)No.15204 of 2015 stands dismissed for non-removal of office objections.

The learned counsel for the Applicant 1/3

submits that inadvertently, it remained on the part of advocate to remove office objections within time. He submits that they have good chance of success in the present proceeding.

He submits that in the interest of Justice, this Hon'ble court be pleased to set aside the conditional order dated 29.9.2015 and allow Applicant to remove all office objections within stipulated time.

The learned counsel for the Applicant submits that Applicant undertakes to remove all office objections within four weeks from today. Statement is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a.

Delay in filing Civil Application is condoned.

b.

Order dated 29.9.2015 passed by learned Registrar (Judicial-II) is set aside.

c.

First Appeal (St.) No. 15204 of 2015 is restored on file for hearing and final disposal on its own merits.

d.

Applicant to remove all office objections in 2/3

First Appeal on or before 27.9.2019 failing which Civil Application shall stand dismissed without referring back to the court e.

Civil Application stands disposed of accordingly.

f.

No order as to costs.

(K.K.TATED, J.) 3/3