Premnath Jaiswai And ORS v. Northernb Star Heights Infrastructure Private Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 358/2019 in Appeal from Order No. 274/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Preet Chheda I/b. Y. M. Kanchan for the Applicant Mr. Sushil Upadhyay I/b. A. M. Saraogi for Respondent No.1.

Mrs. Pritha Dave for Respondent Nos.6 to 9.

CORAM

: K.K.TATED, J.

DATED : APRIL 25, 2019 P.C.

Heard. The learned counsel for the Applicant has filed an Affidavit of service dated 23.04.2019. Same is taken on record.

By this Civil Application, the Applicant is seeking recall of the order dated 12.03.2019 by which the Appeal from Order and the Civil Application stood dismissed for non prosecution.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am 1/3

satisfied that the Applicant has made out a case for allowing the present Civil Application. At the same time, the Applicant has to pay costs of Rs.5000/-.

Hence, the following order:

a) Order dated 12.03.2019 passed by this court is recalled.

b) Appeal from Order (ST) No.33053/2018 and Civil Application (ST) No.34797/2018 and Civil Application (ST) No.33054/2018 are restored to file for hearing on merits.

c) The Applicant has to pay costs of Rs.5000/-.

d) Cost shall be paid to Kirtikar Law Library, High Court, Mumbai, on or before 04.05.2019 and place a receipt thereof on record, failing which the Civil Application shall stand dismissed without further reference to the court.

e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 2/3

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