M/S. A.K. Construction (Through Its Partners) And ORS. v. Mr. Jagdish Badrinath Kalantri And Another

2607.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2607/2015 IN FIRST APPEAL (ST) NO.20556/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amey Deshpande for the Applicant Mrs. Bhavana Khemani for the Respondent No.1. CORAM : K. K. TATED, J.

DATE : AUGUST 5, 2015 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Applicant, the matter is taken on board for urgent orders.

2.

Heard. This Application is preferred by the Defendant Nos.1 to 3 for recalling the order dated 10/07/2015 passed by this court, by which the Civil Application No.3223/2014 for delay was dismissed for default.

3.

The learned counsel for the Applicant submits that on 10/07/2015 none appeared for the Respondent also. He submits that neither Adv. Mr. A. Z. Mookhtiar nor Mr. U. V. Singh filed Basavraj G Patil 1/2

2607.15-caf vakalatnama on behalf of the Respondent. He submits that the matter was wrongly shown on board on 10/07/2015.

4.

Considering the submissions made by the learned counsel for the Applicant and since neither Adv. Mr. A. Z. Mookhtiar nor Mr. U. V. Singh filed vakalatnama on behalf of the Respondent, it is not necessary to issue notice to them.

5.

Hence, following order is passed:

a.

Order dated 10/07/2015 is recalled.

b.

Civil Application No.3223/2014 with First Appeal (ST) No.20556/2014 restored to file for hearing on merits.

c.

Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2