Smt. Chitra Swapnil Amte v. Mr. Swapnil Ananta Amte

12-cao-307-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION O. NO. 307 OF 2019 IN REJECTED CASE NO. 1220 OF 2019 Office Notes, Office Memoranda of Coram, appearances, Court'

s orders or directions and Registrar'

s orders Court'

s or Judge'

s Orders Mr. Sachin Padaye i/b. S. P. Dighe for the applicant.__________ CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATED : 20th November, 2019.

P. C. :

1.

Heard learned counsel for the applicant.

2.

Learned counsel Mr. Sachin Padaye for the applicant submit that, in view of order dt.04/06/2019 passed by the learned Registrar (Judicial II), Civil Application (ST) No.31136 of 2018 stand dismissed for non removal of office objections.

3.

Learned counsel for the applicant submits that, inadvertently it remained on their part to remove all office objections within time. He submits that the applicant undertake to remove all office objections V.B.Gokhale 1/2

12-cao-307-19 immediately. He submits that, in the interest of justice, said order dt.04/06/2019 be set aside and the matter be restored on file for hearing on its own merits.

4.

Considering the submissions made by the learned counsel for the applicant and the averments made in the Civil Application, we are satisfied that the applicant has made out a case for allowing this application.

5.

Hence, the following order:

a) Order dt.04/06/19 passed by the Learned Registrar (Judicial II) is set aside.

b) Civil Application (ST) No.31136 of 2018 is restored on file.

c) Applicant to remove all office objections on or before 13/12/19 failing which the Civil Application stands dismissed without referring back to he court.

6.

Civil Application stands disposed of accordingly. No order as to cost.

(K.K.TATED, J.) (SARANG V. KOTWAL, J.) V.B.Gokhale 2/2