The General Manager, Telecommunication v. Shri. S. N. Kapoor Son Oif Shri Somnath Kapoor (Deceased) And Another

(20)-IA-17275 & AOST-13081-22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17275 OF 2022 IN APPEAL FROM ORDER STAMP NO.13081 OF 2022 WITH APPEAL FROM ORDER STAMP NO.13081 OF 2022 Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.11.22 09:57:36 +0530 WITH INTERIM APPLICATION STAMP NO.18469 OF 2022 BALAJI GOVINDRAO PANCHAL The General Manager, Telecommunication ..Applicant/Appellant

Versus

Shri. S. N. Kapoor Son of Shri. Somnath Kapoor & Anr.

..Respondents Mr. Bernard Reis i/by Arun Sakpal & Co., for the Applicant/ Appellant.

Mr. Madhur Surana i/by C. N. Gole, for the Respondents. CORAM : NITIN W. SAMBRE, J.

DATE : 21st NOVEMBER, 2022 P.C.

1.

Heard. Perused the order impugned.

2.

It is an admitted fact that the respondent was Power of Attorney holder during the time when his father was alive who was the plaintiff in the suit. The suit was dismissed on 6th February, 2014, so also the notice of motion taken out thereafter. 3.

Vide order impugned not only the suit is restored but the BGP.

(20)-IA-17275 & AOST-13081-22.doc.

Court below has failed to record findings on the issue of presence of sufficient cause. That being so, appeal is Admitted. 4.

There shall be stay to the further proceedings in the suit. 5.

Hearing expedited.

6.

Both the interim applications as such stand disposed of. [NITIN W. SAMBRE, J.] BGP.