Garden Residency Co-Operative Hsg. Society Ltd. v. Ramesh Karbhari Sukre And ORS.

506 caw1391-17withcaw1392-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1391 OF 2017 IN WRIT PETITION NO.3577 OF 2017 WITH CIVIL APPLICATION NO.1392 OF 2017 IN WRIT PETITION NO.3581 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Aparna Deokar with Mr.Panthi Desai i/b M/s.M.P.Vashi and Associate for the applicants Mr.R.A.Thorat, Sr.Counsel i/b Mr.Nilesh S. Garde for the respondent no.1 Mr.Rohan Savant, A.G.P. for the respondent no.2 CORAM : K. K. TATED, J.

DATE : JUNE 27, 2017 P.C.:

Not on board. At the request of Advocate for the applicants, matter is taken on board for urgent orders.

Heard the learned counsel for the parties.

By these applications, applicants are seeking to recall the order dated 19.6.2017 passed by this court by which both the Writ Petitions stand dismissed for default.

The learned Senior Counsel for the Mohite 1/2

506 caw1391-17withcaw1392-17 respondent no.1 and the learned A.G.P. for the respondent no.2 submit that they have no objection if Civil Applications are allowed.

Considering the submissions made by the learned Counsel for the applicants and the averments made in both the applications, I am satisfied that the applicants have made out a case for allowing the Civil Applications. Hence, following order is passed:

a) Order dated 19.6.2017 passed by this court in both the Writ Petitions is recalled.

b) Both the Writ Petitions Nos.3577 of 2017 and 3581 of 2017 are restored on file.

c) Both the Civil Applications are disposed of accordingly.

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