M/S. Kannamwar Nagar 2 Grahak, Thr.Its Chairman, Mr. Vijay Kamble v. M/S. M. S. Enterprises A Partnership Firm,And ORS

13. cao 181-19 ao 436-19.doc R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION CIVIL APPLICATION NO. 181 OF 2019 IN CIVIL APPLICATION NO. 843 OF 2017 IN APPEAL FROM ORDER NO. 436 OF 2019 WITH APPEAL FROM ORDER NO. 436 OF 2019 M/s. Kannamwar Nagar 2 Grahak Sahakari Bhandar Maryadit a Co-op. Society ..

Applicant / Appellant

Versus

M/s. M.S. Enterprises & Ors.

.. Respondents ....................

 Mr. Nitin Parkhe i/by Ms. Pradnya G. Vairale for the Applicant  Mr. Yogesh Naidu for Respondent Nos. 1 to 3 ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 22, 2022 P.C.

:

1. The present civil application was filed by the applicant / appellant for restoration of Appeal from Order as the same came to be dismissed exparte on 22.03.2019.

2.

Mr. Parkhe, learned counsel appearing for applicant has drawn my attention to the order dated 10.06.2022 passed by this court in Civil Application No. 843 of 2018. By this order, the delay in filing the appeal was condoned and the appeal was directed to be registered, however, Mr. Parkhe submits that inadvertently, the reliefs prayed for therein were left out.

13. cao 181-19 ao 436-19.doc 3.

Mr. Naidu, learned counsel appearing for respondent Nos. 1 to 3 admits the same.

4.

In view of the order dated 10.06.2022, Civil Application No. 181 of 2019 is required to be granted. The said application is allowed and disposed of in terms of prayer clause (a). This order shall be read along with order dated 10.06.2022 and the directions contained in the order dated 10.06.2022 shall be followed by the parties. .

[ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2022.07.23 11:15:26 +0530 RAVINDRA MOHAN AMBERKAR