Roozbeh Mundegar Aga v. Smt. Poornima Pandurang Prabhu And ANR

Sherla V.

caf.610.2016_3.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.610 OF 2016 IN FIRST APPEAL NO.1453 OF 2009 Roozbeh Mundegar Aga ... Applicant

IN THE MATTER BETWEEN

Roozbeh Mundegar Aga ... Appellant Vs.

Smt.Poornima Pandurang Prabhu ... Respondent Mr.V.Y. Sanglikar for the Applicant None for Respondents CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 15th FEBRUARY, 2016 P.C.:

1.

This is an application for restoration of the First Appeal No.1453 of 2009. Nobody appears for the respondents.

2.

Learned Counsel for the applicant submits that he tried to serve the respondents. He submits that although respondent-Corporation has accepted the service, respondent No.1 has refused to accept service. The learned Counsel undertakes to file an affidavit of service in the Registry. 3.

In view of the above and for the reasons stated in the Civil Application, the application is allowed in terms of prayer clause (a). Appeal is restored to file.

(MRIDULA BHATKAR, J.) 1 / 1