The Revalgaon Sugar Farm Ltd. v. Shree Radha Damodar Trust And ORS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2562 OF 2016 IN WRIT PETITION NO.2335 OF 2015 The Ravalgaon Sugar Farm Ltd.
...Applicant
IN THE MATTER BETWEEN :
The Ravalgaon Sugar Farm Ltd.
...Petitioner
V/s.
Shree Radha Damodar Trust & Ors.
...Respondents
---- Mr.Aditya Khandeparkar i/by Hariani & Co. for the Applicant/Petitioner.
Mrs.Gauri Jadhav for Respondent No.3.
Mr.Sachin K. Hande i/by Mr.Umesh Bodke for Respondent Nos.4,6 and 8.
---- CORAM : K.K. TATED, J.
DATE : 21st OCTOBER, 2016.
P.C.
1.
Heard the learned counsel for the parties.
2.
The learned counsel Mr.Aditya Khandeparkar for the applicant submits that the apart from the affidavit of service filed by them dated 13th October 2016, across the bar he is making N.S. Kamble page 1 of 3
statement that all the Respondents are duly served. The statement is accepted.
3.
This application is for restoration of WP No.2335 of 2015 which was dismissed in view of the conditional order dated 11th August 2016 passed by Registrar (Judicial-I) for non-removal of office objections.
4.
The learned counsel for the applicant submits that the applicant undertakes to remove all office objections on or before 18th November 2016. The statement is accepted.
5.
Considering the submissions made by the learned counsel for the applicant and averments made in the Civil Application and as the applicant undertakes to remove all office objections on or before 18th November 2016, I am satisfied that the applicant has made out case for allowing this application. Hence, following order.
ORDER
(a) Order dated 11th August 2016 passed by Registrar (Judicial-I) is set aside.
(b) Writ Petition No.2335 of 2015 is restored to file for N.S. Kamble page 2 of 3
hearing on its own merits.
(c) Time is granted till 18th November 2016 to the applicant to remove all office objections, failing which Civil Application stands dismissed without further reference back to the Court. (d) Civil Application is disposed of accordingly. (K.K. TATED, J.) N.S. Kamble page 3 of 3