Mrs. Tasnim Mustafa Lokhandwala (Alias Ms. Tasneem Yahyabhai Dhariwala) And ANR v. Amtulla C Cooperative Housing Society Limited And ANR

48 caf744-17.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.744 OF 2017 IN APPEAL FROM ORDER NO.814 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Pooja Pandey I/b Mr.Anand Pande for the applicant Mr.Nisar A. Ghatle for the respondent no.1 CORAM : K. K. TATED, J DATE : MARCH 12, 2019 P.C.:

Heard.

By this Civil Application, Applicant is seeking to restore Appeal from Order No.814 of 2014 with Civil Application No.976 of 2014 which stands dismissed for non-prosecution by order dated 13.06.2016.

The learned counsel for the Applicant submits that it remained on their part to appear on 13.06.2016 because of personal Mohite 1/2

48 caf744-17.doc difficulty on the part of advocate.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application for recalling the order dated 13.06.2016, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a.

Order dated 13.06.2016 passed by this court is recalled.

b.

Appeal from Order No.814 of 2014 with Civil Application No.976 of 2014 is restored on file for hearing on its own merits.

c.

Civil application stands disposed off accordingly.

d.

No order as to costs.

(K.K. TATED, J.) Mohite 2/2