Mr. Ghanshyam V. Kalro v. India Travels And ORS.

34 caf 1898-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1898 OF 2019 IN FIRST APPEAL NO.1352 OF 2010 Ghanshyam V. Kalro ..Applicant In the matter between Malti Ghanshyam Kalro ..Appellant v/s.

India Travels & Ors.

..Respondents Mr.Glenn Lobo for the Applicant/Appellant None for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 12th JUNE, 2019.

P.C.

1.

The applicant herein has sought to condone the delay of 148 days in filing the application for recall of Order dated 15th January, 2018.

2.

By Order dated 15th January, 2018, four weeks time was granted to the applicant herein for removing office objections. The Salgaonkar

34 caf 1898-19.doc applicant was put to notice that failure to remove office objections would result in refusal of registration of the civil application. 3.

The applicant has stated that he was under the impression that the advocate and his staff would remove the office objections. It is further states that he was suffering from heart ailment and that he was not aware that the Advocate on record had not removed the office objections. The learned Counsel for the applicant states that he will remove office objections within three weeks. Statement accepted.

4.

Considering the above statement and the reasons stated in para 3 to 7 of the application, which in my considered view constitute sufficient grounds, delay is condoned.

5.

Civil application be registered upon removal of the office objections within three weeks. It is made clear that in the event the office objections are not removed within the stipulated period, the order shall stand vacated without further reference to the court. 6.

Civil application stands disposed of accordingly. (ANUJA PRABHUDESSAI, J.) Salgaonkar