Shri Mahesh Ashok Mathwad And ORS v. Vijashree Co-Operative Housing Society Limited, Thru. Secretary/Chairmanand ORS

38 caa 479-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 479 OF 2017 IN REJECTED CASE NO. 1026 OF 2017 Mahesh A. Mathwad & Ors.

..Applicant v/s.

Vijayshree Co-op. Hsg. Soc. Ltd. & Ors.

..Respondents Mr. S.C.Wakankar for the Applicant.

Mr. Rahul Vijaymane i/b. Mr. S.A.Rajeshirke for the Respondent No.1. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 23rd JUNE, 2017.

P.C.

1.

The appeal from Order filed by the applicant was dismissed for not removing the office objections within the stipulated time. By this application, the applicant has sought to recall the said order and has also prayed for condoning he delay for filing the said application. 2.

The reasons stated in paragraph no.4 of the application, in my considered view, constitute sufficient cause to condone the delay and recall the order.

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38 caa 479-17.doc 3.

The delay in filing the application is condoned and the order dated 8th March, 2017 is recalled. The Appeal from Order as well as the Civil Application No.31629 of 2016 is restored to the file, subject to the applicant removing the office objections within one week. 4.

The civil application stands disposed of accordingly. (ANUJA PRABHUDESSAI, J.) pps