M/S Arihant Steel Industries v. M/S Sahakar Corporation

pr24 caf1124-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1124 OF 2015 IN APPEAL FROM ORDER (ST). NO.20109 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.S.N.Vaishnava with Mr.Rahul Raut i/b M/s.N.N.Vaishnava and Co. for the applicant Mr.Bhupesh Dhumatkar for the respondent no.1

CORAM

: K.K.TATED, J.

DATED : 30/07/2015 PC:

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

Heard the learned counsel for the parties.

Advocate for the applicant makes a statement that they are not pressing the present Appeal from Order against respondent nos.2 and 3 i.e. Susheela Natwar Patel and Natwarlal Mafatlal. Hence, Appeal from Order as well as Civil Application stand dismissed against respondent nos.2 and 3. This application is for condonation of 87 days delay in filing Appeal from Order challenging the order dated 12.3.2015 passed by Bombay City Civil Mohite 1/2

pr24 caf1124-15.doc Court at Bombay in unregistered Notice of Motion in S.C.Suit No.9481 of 1999 declining to grant leave to register the Notice of Motion.

Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, I am satisfied that the applicant has made out a case for allowing Civil Application. Hence, following order:

a) Delay of 8 days in filing Appeal from Order is condoned.

b) Appellant to remove all office objections in Appeal from Order within two weeks from today, failing which same shall stand dismissed without referring back to the court.

c) If all office objections are removed within stipulated time as stated hereinabove office is directed to place Appeal from Order along with pending Civil Application on board for admission. d) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2