M/S K.N. Pokar And Sons v. Mataprasad B. Pal And Others

CAC677_15.doc

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.677 OF 2015 IN CIVIL REVISION APPLICATION NO.447 OF 2010 (M/s. K. N. Pokar & Sons Vs. Mataprasad B. Pal and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. C. K. Tripathi for Applicant.

CORAM : R. G. KETKAR, J.

DATE : 13TH JANUARY, 2016 P.C.:

Heard Mr. Tripathi, learned Counsel for the applicant. 2.

This is an application for recalling the order dated 18.11.2010 after condoning the delay of 68 days in filing the application. Leave to amend so as to incorporate prayer for condoning the delay of 68 days in filing the application is granted.

3.

Mr. Tripathi submitted that on 18.11.2010, Registrar (Judicial) passed conditional order. Applicant was directed to pay Bhatta charges within two weeks, failing which, Writ Petition was to stand dismissed. As the applicant did not pay Bhatta charges within the stipulated period, C.R.A. stood dismissed. He states that notices were not issued to the respondents.

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CAC677_15.doc 4.

In view thereof and for the reasons stated in the application, Civil Application is allowed in terms of prayer clauses (a) and (a1) with no order as to costs. Civil Revision Application No.447 of 2010 is restored to its original position.

(R. G. KETKAR, J.) Minal Parab 2/2