Primpri Chinchwad Municipal Corporation And ORS v. Tata Motors Limited And ANR

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.7376 OF 2019 IN R.C. NO.454 OF 2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Deepak More for applicant.

CORAM : K. K. TATED, J DATE : MARCH 26, 2019 P.C.:

.

Heard learned Counsel for applicant.

2.

By this Civil Application, applicant is seeking restoration of Appeal from Order (ST) No. 12108 of 2018 which stands dismissed in view of order dated 08.10.2018 passed by learned Registrar (Judicial-II) for non removal of office objections.

3.

The learned Counsel for the applicant submits that inadvertently it remain on their part to remove all office objections 1/3

immediately.

4.

The learned Counsel for the applicant undertakes to remove all office objections within two weeks from today.

5.

The learned Counsel for appellant submits that in the interest of justice this Hon'ble Court be pleased to set aside the order dated 08.10.2018 and matter to be heard on its own merits. He submits that they have good chance of success in the present proceedings. He submits that if the order is not set aside, then irreparable loss will cause to them.

6.

Considering the submissions made by learned Counsel for the applicant, averments made in Civil Application and as the applicant is ready and willing to remove all office objections, I am satisfied that the applicant has made out case for allowing this Civil Application. Hence, following order :- 2/3

a) Order dated 08.10.2018 passed by learned Registrar (Judicial-II) is set aside. b) Appeal from Order (ST) No. 12108 of 2018 is restored on file for hearing on its own merits.

c) Applicant to remove all office objections in Appeal from Order (ST) No. 12108 of 2018 on or before 12.04.2019, failing which Civil Application as well as Appeal from Order shall stand dismissed without reference to the Court.

d) Civil Application stands disposed of accordingly.

e) No order as to costs.

(K.K.TATED, J.) 3/3