Manoj Kumar Dalmia v. O.P.Dalmia H.U.F.

ssm 1 18-caa1087.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1087 OF 2019 IN APPEAL FROM ORDER NO. 1071 OF 2015 Manoj Kumar Dalmia .....Applicant.

IN THE MATTER BETWEENSavita M. Dalmia & Ors.

.....Appellants.

Vs.

O.P.Dalmia H.U.F.

.....Respondent.

Smt. Shraddha Chaurasiya for the Applicant.

Mr. Yatin N. Shah for the Respondent Nos. 1 and 2. CORAM : A. S. GADKARI, J.

DATE : 28th JANUARY, 2020.

P.C.:- This is an Application for restoration of Appeal from Order No. 1071 of 2015, which was dismissed for default by Order dated 21st August, 2018 passed by this Court.

The record indicates that, the Civil Application No. 743 of 2019 preferred by the Applicant for condonation of delay in filing the present Application, has already been allowed by Order dated 9th September, 2019. 1/2

ssm 2 18-caa1087.19.doc Perusal of the Application would indicate that, sufficient cause is made out for restoration of the Appeal from Order. Digitally signed by Sanjiv S.

Mashalkar Date:

2020.02.04 09:58:14 +0530 In view thereof, the Application is allowed in terms of prayer Sanjiv S.

Mashalkar clause 6(b).

(A.S. GADKARI, J.) 2/2