National Education Societys v. Arihant Co-Operative Housing Society Ltd. And ORS.

(8) CAW 455-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 455 OF 2017 IN WRIT PETITION (STAMP) NO. 5552 OF 2016 National Education Society .. Applicant Vs.

Arihant Co-operative Housing Society Ltd. & Ors.

.. Respondents Mr. Rushil Mehta i/b Jitendra Shah for the Applicant. Ms. Suresh Dubey for Respondent Nos.1 to 6.

CORAM : M. S. SANKLECHA, J.

DATE : 12 th SEPTEMBER, 2017.

P. C. :

1.

This Civil Application seeks to set aside the order dated 14.09.2016 passed by the Registrar Judicial-I. By the impugned order dated 14.09.2016, four weeks time which is upto 13.10.2016 was granted to the applicant to remove the office objections, failing which the petition would be dismissed. The applicant has failed to remove the office objections. Learned counsel appearing for the respondents has no objection to the application being allowed. Thus, the application is allowed.

2.

The office objections to be removed within two weeks from today, failing which the petition is liable to be dismissed without reference to this Court.

1/2

(8) CAW 455-17 3.

The grievance of the respondents is that the applicant is seeking time before the Trial Court on the ground that these proceedings are pending before this Court. It is made clear that no stay and/or ad interim stay to the proceeding before the Trial Court has not been granted by this Court in these proceedings.

4.

The Civil Application is allowed in terms of prayer clause (a). [M. S. SANKLECHA, J.] 2/2