M/S. Mipro Bio-Green Private Limited Company Thr. Poa.Shri Nilesh Ashok Gadkari v. Shri. Goving Laxman Choudhari And ORS

912-CAST-12850-2019.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST.) NO. 12850 OF 2019 WITH CIVIL APPLICATION (ST.) NO. 10392 OF 2019 IN APPEAL FROM ORDER (ST.) NO. 10389 OF 2019 M/s. Mipro Bio-Green Pvt. Ltd. Company ...Applicants / Appellants V/s.

Shri Govind Laxman Choudhari & Ors.

... Respondents Mr. C.B. Surange, i/b. Mr. Yashpal Thakur, for the Applicants.

CORAM:

R. I. CHAGLA, J.

(VACATION COURT) DATE:

7TH MAY, 2019.

PC:- 1.

Heard the learned Counsel for the Applicant. The Applicant by way of this Application seeks to set aside the order of rejection / dismissal of the Appeal from Order (St.) No.10389 of 2019 and for its restoration along with Civil Application (St) No. 10392 of 2019 to file along with interim order dated 9th April, 2019 and for the matter to be heard on merits. By order dated 9th April, 2019, the Applicant was directed to remove all office objections on or before 21st April, 2019 failing which the Appeal from Order shall be dismissed without referring back to the Court. By the said order it was directed that till the next date of hearing, the Respondent Nos.6, 7 & 10 shall not create any third party interest in respect of 1/2

912-CAST-12850-2019.DOC the suit premises. It is pointed out by the learned Counsel for the Applicant that the period between 9th April, 2019 and 21st April, 2019 there were several holidays and due to which the office objections could not be removed. He accordingly applies for restoration of the Appeal from Order and Civil Application along with the interim order which had been continued till next date of hearing and by which Respondent Nos. 6, 7 and 10 shall not create third party interest in the suit premises. 2.

I have considered the application as well as the order dated 9th April, 2019 and I am satisfied with the reasons in the application for non-removal of office objections and accordingly, I set aside the rejection / dismissal of the Appeal from Order on account of non-removal of office objections and restore the Appeal from Order as well as Civil Application to file and directed that till next date of hearing, the Respondent Nos.6, 7 and 10 shall not create any third party interest in respect of the suit premises as directed in the order dated 9th April, 2019.

3.

The Civil Application is disposed of in terms of prayer clauses (a) and (b). Time granted of four weeks to remove office objections. Place the matter on 10th June, 2019. ( R. I. CHAGLA, J. ) 2/2