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Bombay High CourtCAF/2937/2015allowed

M/S. Bhat Nagarkar Developers Through Its Partner Shri. Tushar Pramod Nagarkar v. Shri. Dilip Dhondiba Gaikwad And ORS.

2015-10-30Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Anoop V. Mohta2 pages

ssm 1 906-caf2937.15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2937 2015 IN FIRST APPEAL NO. 310 OF 2014 M/s. Bhat Nagarkar Developers ....Applicant.

IN THE MATTER BETWEEN

M/s. Bhat Nagarkar Developers ....Appellant.

Vs.

Shri Dilip Dhondiba Gaikwad & Ors.

....Respondents.

Mr. S.M. Gorwadkar for the Applicant.

Mr. Karan Thorat for Respondent No.1.

Mr. S.S. Kanetkar for Respondent No.9.

CORAM : ANOOP V. MOHTA AND A.A. SAYED, JJ.

DATE : 30 OCTOBER 2015.

ORDER:- Registrar Judicial-II on 5 March 2015, passed the conditional order to remove the office objection for taking steps against unserved Respondent Nos. 5 to 8. The matter came to be dismissed in view of the conditional order, at the stage of registration itself, which is certainly prior to listing of matter for admission. The statement is made that the matter was never listed for admission. 1/2

ssm 2 906-caf2937.15.sxw Considering the averments made and as the sufficient cause is shown and in the interest of justice, we are inclined to allow the present Civil Application in terms of prayer clauses (a) to (f). Order accordingly. There shall be no order as to costs. The Petitioner to take steps of publication, in accordance with law.

(A.A. SAYED, J.) (ANOOP V. MOHTA, J.) 2/2