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Bombay High CourtCAW/2626/2017allowed

Shri Kisan Bhaskar Vaity (Since Decd) And ORS. v. The Estate Investment Company Private Limited And ANR.

2018-01-31Hon'Ble Shri Justice R.D. Dhanuka2 pages

21-CAW-2626-2017 mujahed

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2626 OF 2017 IN WRIT PETITION (ST) NO. 27200 OF 2015 Shri Kisan Bhaskar Vaity (Since deceased) Through legal heirs & Ors ...Applicants

IN THE MATTER BETWEEN

Shri Kisan Bhaskar Vaity (Since deceased) Through legal heirs & Ors

...Petitioners

V/s.

The Estate Investment Company Private Limited & Anr.

...Respondents

Mr. A.R. Shaikh for the Petitioners/Applicants. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 31ST JANUARY, 2018.

P.C. :- 1.

The learned counsel for the applicant states that all the parties are served. Statement is accepted.

2.

By this application, applicants seek condonation of delay in filing civil application and prays that the order passed by the Registrar (Judicial-I) dismissing the writ petition for not removing office objections be set aside and the writ petition be restored to file. None 1/2

21-CAW-2626-2017 appears for the respondents though served. No affidavit in reply has been filed.

3.

Heard learned counsel appearing for the applicants and I have perused the averments made in the civil application. In my view, the applicants have made out a case for grant of relief in terms of prayer clause (a) and (b) and is accordingly granted on the condition that the applicants remove all office objections within two weeks from today. It is made clear that no further extension would be granted. If office objections are not removed within two weeks from today, the relief granted by this order in terms of prayer clause (a) and (b) would stand vacated without further reference to this Court. 4.

Place the writ petition on board as per CMIS date for admission.

(R.D. DHANUKA, J.) 2/2