Mr. Ashok Gyanchand Vohara, Thr. Ca. Mr. Rakesh Gulabchand Dubey And ORS. v. Mr. Avtarsing Mangalsing Ahedi And ORS.

53- CAAST 11957 of 2019 Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) No. 11957 OF 2019 IN REJECTED CASE No.572 OF 2019 Mr. Ashok Gyanchand Vohara through CA. Mr. Rakesh Gulabchand Dubey and Ors.

...Applicants Vs.

Mr. Avtarsing Mangalsing Ahedi and Ors.

...Respondents

----- Ms. Radhika Samant i/b. Mr. P.M. Havnur for Applicants Mr. Tushar N. Sonawane for Respondent No.1 ----- CORAM :

SHRI K.K. TATED, J.

DATE :

MAY 02, 2019 P.C.:

1.

Heard learned counsel for the parties.

2.

By this civil application, the Applicants are seeking restoration of Appeal from Order (St) No. 31084 of 2018 which stands dismissed in view of conditional order dated 27th March, 2019 passed by this Court. 3.

Considering the submissions made by learned counsel for the Applicants and the averments made in the civil application, I am satisfied that the Applicant has made out a case for allowing this civil application. Hence, following order:

ORDER

(A) Order dated 27th March, 2019 passed by this Court is recalled. (B) Appeal from Order (St) No. 31084 of 2018 is restored on file for hearing.

(C) Applicant to remove all office objections in Appeal from Order (St) No. 31084 of 2018 on or before 18th June, 2019, failing

53- CAAST 11957 of 2019 which civil application shall stand dismissed without referring back to the Court.

(D) If all office objections are removed in Appeal from Order (St) No. 31084 of 2018, the same to be placed on board on 8th July, 2019. (E) Civil Application stands disposed of accordingly. [ K.K. TATED, J.] Tikam