Bombay Electric Supply And Transport v. Smt.Vishaka Makrand Kale And ORS.

38 caf 882-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 882 OF 2018 IN FIRST APPEAL (ST) NO.23901 of 2017 (R.C.221 of 2018) Bombay Electric Supply & Transport Undertaking ..Applicant In the matter between Bombay Electric Supply and Transport Undertaking ..Appellant v/s.

Vishaka Makrand Kale & Ors.

..Respondents Ms. Kavita Anchan a/w. Arsh Misra i/b. M.V.Kini for the Applicant/Appellant CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 14TH MARCH, 2018.

P.C.

1.

By order dated 7 th December, 2017 four weeks time was granted to the applicant to remove office objections, failing which it was made clear that the first appeal would stand dismissed without further reference. Non removal of office objections has resulted in dismissal of the first appeal.

pps

38 caf 882-18.doc 2.

The learned Counsel for the applicant undertakes to remove the office objections within three weeks. In paragraph 16 of the application, the applicant has given the reasons for not removing the office objections. The averments made in para 16, in my considered view, constitute sufficient cause to restore the appeal. 3.

In the light of the statement made by the learned Counsel for the applicant, and the averments made in para 16 of the application, the appeal is restored to the file. The applicant is directed to remove all the office objections within three weeks. 4.

Application is accordingly disposed of.

(ANUJA PRABHUDESSAI, J.) pps