Pallavi Trading Company And ANR. v. Anna Bhaguji Kushare

43-cas1085-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1085 OF 2016 IN SECOND APPEAL (STAMP) NO.16749 OF 2016 Pallavi Trading Co. & Anr.

...Applicants V/s.

Anna B. Kushane

...Respondent

Ms.Jaymala Ostwal with Mr.Jagdish Mali i/b M/s.J.J. Associates for the Applicants.

None for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 7TH DECEMBER, 2016.

P.C. :- 1.

Learned counsel appearing for the applicants states that the respondent is served. The statement is accepted. None appeared for the respondent, though served. No affidavit in reply has been filed. I have heard the learned counsel for the applicants and have perused the averments made in the civil application and more particularly paragraphs 5 to 8. In my view, the applicants have satisfactorily explained the delay of 68 days in filing the second appeal. 2.

I therefore, pass the following order :- a).

The civil application is made absolute in terms of prayer 1/2

43-cas1085-16 clause (a). The applicants are directed to remove all the office objections within two weeks from today.

b).

No order as to costs.

(R.D. DHANUKA, J.) 2/2