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Bombay High CourtCAS/1442/2015allowed

Virendrakumar Shitalprasad Singh And Others v. Laltaprasad Harbans Pande

2015-10-13Hon'Ble Shri Justice K.K. Tated2 pages

21.1442.15-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1442/2015 IN REJECTED CASE NO.1871/2014 IN SECOND APPEAL (ST) NO.16884/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Akhilesh Singh for the Applicant CORAM : K. K. TATED, J.

DATE : OCTOBER 13, 2015 P.C.:

1.

Heard. This Application is made by the Defendant for restoration of the Second Appeal which was dismissed vide order dated 10/11/2014. by the Registrar (Judicial-II).

2.

The learned counsel for the Applicant submits that inadvertently it remained on their part to remove office objections. He undertakes to remove all office objections within 4 weeks. Undertaking is accepted.

3.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and the undertaking given Basavraj G Patil 1/2

21.1442.15-cas by the learned counsel for the Applicant to remove all office objections within 4 weeks, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) Order dated 10/11/2014 passed by the Registrar (Judicial-II) is set aside.

b) Second Appeal (ST) 16884/2014 is restored to file for hearing.

c) The Applicant to remove all office objections within 4 weeks, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2