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Bombay High CourtCAS/1068/2015allowed

Shri. Nana Madhukar Godse v. Shri. Naresh Ramiklal Doshi

2015-09-07Hon'Ble Shri Justice K.K. Tated2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1068 OF 2015 IN SECOND APPEAL (ST). NO.31067 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Sachin Dhakephalkar i/b Ms.Suvarna Avhad Vast for the applicant

CORAM

: K.K.TATED, J.

DATED : 07/09/2015 PC:

Heard the learned counsel for the applicant.

This application is for restoration of Second Appeal (ST) No.31067 of 2014 which was dismissed in view of conditional order dated 13.3.2015 passed by learned Registrar (Judicial-II).

The learned counsel for the applicant submits that during this period, advocate for the applicant was not keeping well. Hence, office objections were not removed within stipulated time.

He submits that applicant undertakes to remove all office objections within two weeks from today.

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27 cas1068-15.doc Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Order dated 13.3.2015 passed by learned Registrar (Judicial-II) is set aside. b) Second Appeal (ST) No.31067 of 2014 is restored on file.

c) Applicant to remove all office objections in Second Appeal as well as Civil Application if any within two weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) CERTIFICATE Certified to be true and correct copy of the original signed order.

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