M/S. Villayati Ram Mittal v. Krishna Galaxy (Sra) Co-Operative Housing Society Ltd And ORS

(901) CAW 2356-16 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2356 OF 2016 IN WRIT PETITION NO. 5277 OF 2014 M/s. Villayati Ram Mittal .. Applicant In the matter between M/s. Villayati Ram Mittal .. Petitioner Vs.

Krishna Galaxy (SRA) Co-op. Housing Society Ltd. & Ors.

.. Respondents Mr. Priyanshu Mishra for the Petitioner.

None for Respondent Nos.1 & 2.

Mr. S. H. Kankal, AGP for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 18 th AUGUST, 2017.

P. C. :

1.

This is an application for restoration of Writ Petition No. 5277 of 2014 which was dismissed for default by an order dated 20.08.2016. Learned counsel for the applicant submitted that in pursuance of order dated 31.08.2016, he has served all the respondents and filed affidavit of service dated 22.09.2016. Despite service, none appeared for respondent Nos.1 and 2.

2.

For the reasons stated in the application, the application is allowed in terms of prayer clause (a).

[A. S. GADKARI, J.] 1/1