Mr. Mulchand Dhanji Shah And ANR. v. Mr. Noordam Iraj Ahmed And ORS.

8-caf-425-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 425 OF 2019 IN FIRST APPEAL ST. NO. 32467 OF 2013 Mulchand Dhanji Shah & Anr.

...Applicants

Versus

Mr.Noordam Iraj Ahmed & Ors.

...Respondents

----- Mr.Gaurav M. Parkar for the Applicants.

Ms.Saumen S.Vidyarthi for Respondent No.3.

----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 11 APRIL 2019 P.C.:

1.

This application is moved for restoration of First Appeal against respondent Nos. 1 and 2.

2.

The learned Counsel for the applicants submitted that the application for substitute service was moved and respondent Nos.1 and 2 were served by publication. Thus, service on respondent Nos. 1 and 2 is completed. Hence, he prayed that the application for restoration be allowed. Trupti 1/2

8-caf-425-2019.doc 3.

Be that as it may, the learned Counsel for the applicants to do the needful in respect of his application for restoration and also to correct the number of application, as the application appears to be filed in the year 2015.

4.

Leave to amend. Amendment, if any, to be carried out. 5.

In view of above submissions, the application is allowed. First Appeal is restored against respondent Nos. 1 and 2.

(MRIDULA BHATKAR, J.) Trupti 2/2