Vijay Rajaram Power v. T. Satyanarayan Singh And ANR

4998.11-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4998/2011 IN FIRST APPEAL (ST) NO.13673/2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Tanveer Khan i/b. J. J. Berdeskar for the Applicant CORAM : K. K. TATED, J.

DATE : JULY 15, 2015 P.C.:

1.

Heard. None for the Respondent No.2, though duly served.

2.

As per the order dated 22/10/2012 passed by the Registrar, the Civil Application stood abated against Respondent No.1.

3.

This Application is preferred by the claimant for restoration of Civil Application No.2106/2011 with First Appeal (ST) No.13673/2011 which was rejected for non compliance of conditional order dated 14/06/2011 passed by this court.

Basavraj G Patil 1/2

4998.11-caf 4.

Considering the submissions made by the learned counsel for the Applicant and the reasons stated in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

5.

Hence, the following order:

a) Delay in preferring the Civil Application is condoned.

b) Civil Application No.2106/2011 with First Appeal (ST) No.13673/2011 is restored to file for hearing on merits.

c) The Applicant is directed to serve the remaining Respondents by way of private notice either by RPAD and/or by hand delivery and file an Affidavit of service to that effect within 8 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d) If affidavit of service is filed within stipulated time as stated hereinabove, Office is directed to place the Civil Application No.2106/2011 on board for hearing.

e) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2