Poona Radiators And Oil Coolers v. Rajaram Jaywant Gaikwad

p4.491.17-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.491/2017 IN WRIT PETITION (ST) NO.13821/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D. J. Bhanage a/w. Mayur Joglekar for the Applicant CORAM : K. K. TATED, J.

DATE : MARCH 1, 2017 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the applicant, the matter is taken on board for urgent orders.

2.

This application is made by the petitioner for restoration of the Writ Petition which was dismissed for non removal of office objections, in view of conditional order dated 27.01.2015 passed by the learned Registrar (Judicial­I).

3.

The learned counsel for the applicant submits that inadvertently, it remained on their part to remove office objections. He undertakes to remove all office objections within two weeks from today. He submits that in view of this, this Hon'ble Court be pleased to set aside the order dated Basavraj G Patil 1/2

p4.491.17-caw 27.01.2016 passed by the learned Registrar (Judicial­II) and restore the matter on board for hearing on its own merits.

4.

Considering the submissions made by the learned counsel for the applicant and the averments made in the civil application, I am of the opinion that the applicant has made out a case for allowing the civil application.

5.

Hence, following order is passed:

a.

Delay in making the civil application is condoned.

b.

Order dated 27.01.2016 passed by the Registrar (Judicial­I) is set aside.

c.

Writ Petition (ST) No.13821/2015 is restored to file.

d.

Two weeks time is granted to the applicant to remove all office objections, failing which the civil application shall stand dismissed, without further reference to the court.

e.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2