M/S. Hb-Kj And Advance And ORS v. Mrs. Teena Roshan Jain And ORS

25 cao114-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.114 OF 2015 IN CIVIL APPLICATION NO.565 OF 2015 IN APPEAL FROM ORDER (ST) NO.8035 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.Rohan Agrawal i/b M/s.Argus Partners for the applicant None for the respondent

CORAM

: K.K.TATED, J.

DATED : 27/07/2015 PC:

Heard the learned counsel for the applicant.

Though respondents are duly served, no one appeared on behalf of them when the matter was called out.

Advocate for the applicant has filed affidavit of service dated 22.6.2015. Same is taken on record and marked 'X' for identification.

This application is for restoration of Civil Application No.565 of 2015 which was dismissed as per order dated 22.4.2015 passed by learned Registrar (Judicial-II) for non-compliance of conditional order dated 6.4.2015 passed by this Mohite 1/2

25 cao114-15.doc court.

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, following order:

a) Order dated 22.4.2015 passed by learned Registrar (Judicial-II) is set aside.

b) Civil Application No.565 of 2015 (for delay) is restored on file for hearing on its own merits by modifying the earlier order dated 6.4.2015.

c) Office is directed to place Civil Application No.565 of 2015 on board on 25.8.2015.

d) Civil application stands disposed off accordingly.

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