Ramesh H. Gurbaxani And ORS. v. Maitri Park Chsl And ORS.

osk 7-caw-1296-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1296 OF 2019 IN RC. NO. 767 OF 2019 Ramesh H. Gurbaxani & Ors.

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Applicants V/s.

Maitri Park CHSL & Ors.

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Respondents ----- Mr.Nitin Parkhe for Applicants.

Mr.S.H. Kankal, AGP for the State.

CORAM : A.S. GADKARI, J.

DATE : 14th June 2019.

P.C. :

1] This is an application for restoration of the Writ Petition (Stamp) No.295 of 2018 which was dismissed for non removal of office objections in furtherance of order dated 20th December 2018 passed by the Registrar (Judicial-I). There is a delay of 100 days in filing the present application.

2] It appears that, the Writ Petition was dismissed for nonprosecution prior to issuance of notice to the respondents. 1/2

osk 7-caw-1296-2019.odt 3] As there is delay, the applicants are directed to pay the costs of Rs.5,000/- to the High Court Legal Services Committee, Mumbai, within a period of two weeks from today. The payment of costs shall be condition precedent for condonation of delay and for restoration of the Writ Petition.

4] In view of the above, the Application is allowed in terms of prayer clause (a) and (b).

It is made clear that, the payment of afore-stated costs within the stipulated period shall be a condition precedent for condonation of delay and for restoration of the petition.

5] Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2