Chotelal Nanku Nirmal v. Shyamlalnanku Nirmal

1 502.CAC.72-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.72 OF 2019 IN CIVIL REVISION APPLICATION NO.499 OF 2016 [Chotelal N. Nirmal Vs. Shyamlal N. Nirmal] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Nachiket V. Khaladkar, Advocate for the Applicant. Mr. A.Q. Ansari, Advocate for the Respondent. CORAM : R. G. KETKAR, J.

DATE : 28/02/2019 P.C.:

1.

Not on board. At the request of Mr.Khaladkar taken up in the production board.

2.

Heard Mr.Nachiket Khaladkar, learned Counsel for the applicant and Mr.A.Q. Ansari, learned Counsel for the respondent.

3.

Mr. Khaladkar submitted that C.R.A. No.499/2016 was placed before Registrar (Judicial-II) of this Court on 15.11.2016. On that date, Advocate A.Q. Ansari appeared for the respondent and stated that he had already filed vakalatnama on 24.10.2016. He submitted that by order dated 13.9.2017, Registrar (Judicial-II) gave four weeks time for taking steps against unserved sole respondent failing which C.R.A. was to stand dismissed without further reference to the Court. He submitted that as the sole respondent had already entered Vakalatnama of Advocate A.Q. Ansari, the order dated 13.9.2017 deserves to be recalled. Mr. Ansari confirms said fact and reiterated that he has already filed his appearance on behalf of the sole respondent on 24.10.2016.

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2 502.CAC.72-19 4.

In view thereof, office to verify. As the respondent is duly represented, the order dated 13.9.2017 deserves to be recalled. C.R.A. No.499/2016 is restored to its original position. In case, the respondent has not entered appearance, Mr. Ansari assures that within two weeks from today he will file his appearance on behalf of the respondent. 5.

Civil Application is disposed of in aforesaid terms with no order as to costs. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS) 2/2