Lonavala Education Trust v. Smt. Renuka Kotak And Othrs

10 caf2809-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2809 OF 2015 IN FIRST APPEAL NO.1345 OF 2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Nitin P. Deshpande for the Applicant Ms.T.J.Kapre i/b Mr.Sanjay Ksirsagar for the Respondent no.1 CORAM : K. K. TATED, J.

DATE : FEBRUARY 29, 2016 P.C.:

Heard.

Advocate for the applicant submits that respondent nos.2 to 9 are trustees of the applicant and they are supporting the applicant.

This application is preferred by defendant for restoration of First Appeal No.1345 of 2010 which was dismissed in view of conditional order dated 2.8.2011 passed by this court for non­filing of private paper book.

The learned counsel for the applicant submits that inadvertently it remained on their part to file private paper book within stipulated time. He submits that private paper book is ready and he undertakes to file the same within one week from Mohite 1/2

10 caf2809-15 today. Statement is accepted.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as applicant is ready and willing to file private paper book within one week from today, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) First Appeal No.1345 of 2010 is restored on file for hearing on its own merits.

b) Time to file private paper book as per order dated 2.8.2011 is extended till 8.3.2016, failing which Civil Application shall stand dismissed without referring back to the court.

c) If private paper book is filed within stipulated time as stated hereinabove, office is directed to verify whether matter is required to be transferred to the concerned District Court in view of valuation and take appropriate steps immediately.

d) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2