Mr. Dinyar Darabsha Daruwal v. Mr. Sam Framroz Joshi And ORS.

DSS p-508-cac-as-152-17.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 152 OF 2017 IN CIVIL REVISION APPLICATION NO. 356 OF 2014 Dinyar D. Daruwala vs.

Sam F. Joshi and ors.

--------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Y.M. Naik for the Applicant.

Raghvendra Kulkarni i/b P.B. Kulkarni for Respondent No.4. CORAM :

M. S. SONAK, J.

DATE : 14 SEPTEMBER 2017.

P.C. :- 1] Not on board. In view of urgency, taken on production board.

2] M. Kulkarni, learned counsel for the respondent No.4, submits that there is no sufficient cause made out for application seeking restoration. He submits that even the delay of 69 days is not suitably explained.

3] However, upon perusing the averments in paragraphs 3 and 4, including in particular the reasons in paragraph 4, in which, the applicant has stated that he was afflicted with "Motor Neuron", the order dismissing the civil 1/2

DSS p-508-cac-as-152-17.doc revision application for non-prosecution is hereby recalled. The delay is condoned. The revision application is restored to the file of this Court.

4] Place the civil revision application for admission on 10th October 2017.

5] The Civil Application is disposed of accordingly. (M. S. SONAK, J.) 2/2