Shivalik Ventures Pvt. Ltd. And ANR v. Shri. Baijanath Hublal Sharma And ORS

PR 3 caw 2515-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2515 OF 2016 IN WRIT PETITION NO. 1172 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Gargi Bhagwat i/b Divekar Bhagwat & Co. for the Applicant.

Mr. M. J. Sharma for Respondent No.1.

Mr. J.A. Madane, AGP for the Respondent No.2. CORAM : K. K. TATED, J.

DATED : 23/09/2016 P.C.:

.

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

Heard learned Counsel for the parties.

This application is for restoration of Writ Petition No.1172 of 2014 which was dismissed for non prosecution by order dated 24.08.2016 passed by this Court.

The learned counsel for the Respondent No.1 submits that they have no objection if the civil application is allowed.

Considering the submissions made by the learned counsel for the applicant, the averments Sneha Chavan 1/2

PR 3 caw 2515-16=.doc made in the civil application and as the learned counsel for the respondent given no objection, I am of the opinion that the applicant has made out a case for allowing the civil application.

Hence, following order is passed:

a) Order dated 24.08.2016 passed by this Court is recalled.

b) Writ Petition No. 1172 of 2014 is restored on file for hearing on its own merits. c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2