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Bombay High CourtCAO/112/2015disposed off

Shri Shantaram Balu Patil And ORS v. M/S. S.R.B. Developers, Through Its Partners Shri Bharat Tukaram Bhor And ORS

2015-04-18Hon'Ble Shri Justice K.K. Tated2 pages

PR 7 cao st 11400-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION (ST) NO. 11400 OF 2015 IN CIVIL APPLICATION NO. 436 OF 2015 IN APPEAL FROM ORDER (ST) NO. 6085 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. M. Kamble for the applicant.

CORAM : K. K. TATED, J.

DATED : 18/04/2015.

P.C.:

.

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

The learned counsel for the applicant tendered the Civil Application across the bar. Same is taken on record.

Applicant is directed to register the Civil Application in the Registry immediately.

This Application is preferred by the defendant nos. 1 to 6 for restoration of Civil Application no. 436 of 2015 which was dismissed for non compliance of order dated 24.03.2015 i.e. payment of Bhatta Charges.

The learned counsel for the applicant submits Sneha Chavan 1/2

PR 7 cao st 11400-15=.doc that by mistake it remains on their part to pay Bhatta Charges within stipulated time. He submits that Applicant is undertaking to pay Bhatta Charges within two weeks from today. Same is accepted. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Affidavit in support of Civil Application is dispensed with.

b) Applicant is permitted to pay Bhatta Charges within two weeks from today as per order dated 24.03.2015.

c) Civil Application no. 436 of 2015 is restored on file.

d) If Bhatta charges are paid within stipulated time as stated herein above, office is directed to issue notice to the respondents.

e) Civil Application is disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2