The Bharatiya Friends Co-Operative Housing Society Ltd. v. Mahesh K. Mehta

ssm 1 21-caw2040.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2040 OF 2019 IN WRIT PETITION NO. 5399 OF 2016 The Bhartiya Friends'

Co-operative Housing Society Ltd.

.....Applicant.

IN THE MATTER BETWEENThe Bhartiya Friends'

Co-operative Housing Society Ltd.

....Petitioner.

Vs.

Mahesh K. Mehta .....Respondent.

Mr. Kushal Amin i/by S.K. Srivastav & Co. for the Applicant. Mr. Mahesh K. Mehta, Respondent No.1 present in person. CORAM : A. S. GADKARI, J.

DATE : 16th SEPTEMBER, 2019.

P.C.:- This is an Application for restoration of Writ Petition No. 5399 of 2016 which was dismissed for non-prosecution by Order dated 14th July, 2019.

Mr. Mahesh Mehta, Respondent No.1 appeared in person and vehemently opposed the Application. He submitted that, he has filed an Affidavit-in-reply dated 9th September, 2019 in opposition of this Application.

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ssm 2 21-caw2040.19.doc However, in the interest of justice, I am inclined to allow this Application, subject to condition that the Applicant/Petitioner shall pay a costs of Rs.3,500/- (Rupees three thousand five hundred only) to the High Court Legal Services Committee, Mumbai, having its account in the name of "High Court Legal Aid Fund" within a period of two weeks from today.

Subject to payment of costs, the present Application is allowed in terms of prayer clause (a).

(A.S. GADKARI, J.) 2/2