M/S. Siddhivinayak Kohinoor Associates Through Signatory, Mr. Rajeshkumar Sakla And ORS v. Shubhashree Residential Building E-2 Co.Op. Housing Soc. Ltd. Thro. Mr. Vijay Shahane And ORS

(908) caw-376.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.376 OF 2017 IN WRIT PETITION STAMP NO.11991 OF 2016 M/s. Siddhivinayak Kohinoor Associates Through Authorized Signatory Mr. Rajeshkumar Naupatalal Sakla & ors.

: Applicants In the matter between M/s. Siddhivinayak Kohinoor Associates Through Authorized Signatory Mr. Rajeshkumar Naupatalal Sakla & ors.

: Petitioners.

versus Shubhashree Residential Building E-2 Co-op. Housing Society Ltd.

Through its Chairman Mr. Vijay Shahane and ors.

: Respondents.

Mr. Vijay Upadhyay i/by Mr. S S Sharma for the Applicants/Petitioners. Mr. Sandesh Patil a/w Mr. P S Patil for the Respondent No.1. Mr. S D Rayrikar, AGP, for the Respondent No.3 CORAM :

R. M. SAVANT, J.

DATE :

15th February 2017 P.C.

The above Civil Application has been filed for restoration of the above Petition which has stood dismissed for non-prosecution on account of the conditional order dated 21/12/2016. By the said order, the Applicants/Petitioners were required to remove office objections, failing which the Petition was to stand dismissed for non-prosecution. lgc

(908) caw-376.17 In view of the default committed by the Applicants/Petitioners, the Petition has stood dismissed for non-prosecution. Since the Petition has been dismissed for a technical reason, it would be just and proper to show one indulgence to the Applicants/Petitioners. The above Civil Application is accordingly allowed. Resultantly the above Writ Petition is restored to file. Office objections to be removed within one week from date. If the office objections are not removed, the above Petition would once again be dismissed for non-prosecution without further reference to the Court. If the office objections are removed, place the above Petition for admission on 01/03/2017. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J] lgc