M/S. Prime Properties Pvt. Ltd. v. N.M. Wadia Charities, And ORS.

skc 905-cac-264-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 264 OF 2015 IN CIVIL REVISION APPLICATION (STAMP) NO. 16660 OF 2014 --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. V. B. Naik - Senior Advocate and Mr. Mayur Khandeparkar for Applicant.

Mr. V. V. Pai with Mr. A. R. Pai for Respondent No. 6. CORAM : M. S. SONAK, J.

DATE : 22 JUNE 2015 P.C. :- 1] Heard the learned counsels for the parties.

2] The learned counsel for the respondent no. 6 submits that the applicant has not pursued this matter diligently and therefore, there was sufficient justification for the Registrar (Judicial) making the order dated 15 April 2015. 3] If the averments in the civil application are taken into consideration, then sufficient cause is made out for recall of the order dated 15 April 2015 subject however to the applicant paying costs of Rs.5,000/- (Rupees Five Thousand) to the respondent no. 6 within a period of two weeks from today. Such costs be either directly paid to the respondent no. 6 or deposited in this Court. If costs are 1/2

skc 905-cac-264-15 deposited, the respondent no. 6 shall be at liberty to withdraw the same unconditionally.

4] Subject to the aforesaid, order dated 15 April 2015 is recalled and the CRA (Stamp) No. 16660 of 2014 as also the pending civil applications therein are restored to the file of this Court.

5] Civil application is disposed of in the aforesaid terms. (M. S. SONAK, J.) Chandka 2/2