M/S Vijay Construction Company Through Its Partner / Sole Proprietor Mr.Popatbhai Shah v. Common Wealth Co-Operative Housing Society Limited

3459.13-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.3459/2013 IN FIRST APPEAL (ST) NO.17555/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Bhavin Bhatia for the Applicant Mr. U. S. Samudrala for the Respondent No.1.

CORAM : K. K. TATED, J.

DATE : JULY 31, 2015 P.C.:

1.

Heard. This Application is for restoration of Civil Application No.2289/2012 and First Appeal (ST) No.17555/2012 against Respondent Nos.5 to 8 which was dismissed in view of conditional order dated 18/12/2012 passed by the learned Registrar (Judicial-II).

2.

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

3.

Hence, the following order:

Basavraj G Patil 1/2

3459.13-caf a.

Delay in preferring the Civil Application is condoned.

b.

Order dated 18/12/2012 passed by the learned Registrar (Judicial-II) is set aside. c.

Civil Application No. 2289/2012 and First Appeal (ST) No.17555/2012 restored against Respondent Nos.5 to 8 d.

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

e.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2