Mr. Dashrat Babulal Kothari v. Mrs. Bhavana Dashrat Kothari

1 caw-1932.19.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1932 OF 2019 IN R.C. NO.1077 OF 2019 WITH CIVIL APPLICATION NO.1933 OF 2019 IN R.C. No.1077 OF 2019 Mr. Dashrat Babulal Kothari ... Applicant/ Petitioner Vs.

Mrs. Bhavana Dashrat Kothari ... Respondent Mr. Chetan Alai for the Appellant/Petitioner. Mr. Shubham Misar for the Respondent.

CORAM: SMT. SADHANA S. JADHAV, J.

DATE : 20th SEPTEMBER 2019.

P.C. :

1.

This is an application seeking restoration and recalling of order passed by the Registrar on 28th March 2019 thereby dismissing the petition for want of removal of office objection. The learned counsel for the petitioner submits that there were certain objections such as signature of the petitioner on the vakalatnama did not tally with the signature below verification statement and other office objections. The learned counsel

2 caw-1932.19.doc submits that he would remove office objections within two weeks from today. The learned counsel upon instructions submits that he would obtain fresh signatures of the petitioner on the vakalatnama as well as verification statement and do the needful.

2.

The learned counsel for the respondent has vehemently opposed the relief of grant of restoration. However, since it was dismissed for want of removal of office objections the statutory right of the petitioner cannot be denied. Hence, the matter is restored to its original status. The application is allowed in terms of prayer clause (a) and stands disposed of. The learned counsel for the petitioner undertakes to serve a copy of the petition along with the annexures thereof. (SMT. SADHANA S. JADHAV, J)