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Bombay High CourtCAC/302/2017

Smt. Laxmibai Gabaji Sonawan Thr. Poa. Bajirao Gabaji Ghuge v. The Manager Corporation Bank Ltd. And ORS

2019-01-10Hon'Ble Shri Justice K.K. Tated2 pages

(26) cac-302-303-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.302 OF 2017 IN CIVIL REVISION APPLICATION NO.907 OF 2014 Smt.Laxmibai Gabaji Sonawane through POA Bajirao Gabaji Ghuge .. Applicant

Versus

The Manager, Corporation Bank Ltd. And Ors. .. Respondents Mr.R.A. Khairnar i/b Mr.P.N. Joshi for the Applicant. Mr.Tushar N. Sonawane for Respondent No.3.

CORAM : K.K. TATED, J.

DATE : 10 JANUARY 2019.

P.C:- .

Heard learned Counsel for the parties.

2.

By this Civil application, applicant is seeking to set aside the conditional order dated 17.04.2017 passed by the learned Registrar (Judicial-II) by which Civil Revision Application stands dismissed against respondent No.2.

3.

Learned Counsel for the applicant submits that Official Liquidator is appointed for respondent No.2. Hence, she may be permitted to bring Official Liquidator of respondent No.2 on record.

S.C.Magar

(26) cac-302-303-17.doc 4.

Considering the submissions made by learned Counsel for the applicant, avernments made in the Civil Application and as the Official Liquidator is appointed for respondent No.2, I am satisfied that the applicant has made out case for allowing this Civil Application. Hence, following order :

a) Civil Application is allowed in terms of prayer clause (a), (b) and (c) which reads thus :

"(a) That the delay of 60 days caused in filing the above Civil Application may kindly be condoned; (b) Hon'ble Court may be pleased to set aside the Order dated 17.04.2017 passed by the Registrar, Judicial-2, in Civil Revision Application No.907/2014 and Restore the Civil Revision Application as against the Respondent No.2.

(c) The Hon'ble Court may please to permit present Petitioner to delete the name of the Respondent No.2 and allow to add the name of V.V. Deokar, official Liquidator as Respondent No.2." b) Applicant to carry out appropriate amendment on or before 16.02.2019 and serve amended copy of Civil Revision Application No.907 of 2014 on other side, failing which Civil Application stands dismissed without reference to the Court. c) Civil Application stands disposed of.

d) No order as to costs.

(K.K.TATED, J.) S.C.Magar