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Bombay High CourtMCA/231/2017dissmiss for defaultnonprosecution

Mrs. Neeta Vinod Sakat v. Mr. Vinod Yashwant Sakat

2018-08-02Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

by Omkar Shivahar Kumbhakarn Date: 2018.08.03 17:09:51 +0530 Omkar Shivahar Kumbhakarn osk 5-mca-231-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 231 OF 2017 Mrs.Neeta Vinod Sakat ...

Applicant V/s.

Mr.Vinod Yashwant Sakat ...

Respondent • Mr.Rohan H. Barge for the Applicant.

• Mr.Vinod Yashwant Sakat, Respondent in-person is present. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 2nd AUGUST, 2018.

P.C. :

1] Heard learned counsel for the Applicant and the Respondent, who is present in-person.

2] On the last date, learned counsel for the Applicant has submitted that he will keep the Applicant present today, so that the matter can be resolved amicably between the parties. Accordingly, the Respondent is also present today, despite the various problems faced by him, like, his father is suffering from cancer and today itself just getting discharge from the hospital he has come directly to the Court. He is doing private job and on account of attending the Court 1/2

osk 5-mca-231-2017.odt proceedings, he has already got the notice from his employer. In all these situation and the hardship the Respondent is present in-person; but the Applicant is not showing her readiness and willingness to remain present in the Court, despite the repeated opportunities. 3] In such situation, this Misc. Civil Application stands dismissed for default and the order of stay granted by this Court also stands vacated.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2