The Executive Engineer Nandur Madhyameshwar Prakalpa v. Mr. Khandu Amruta Medade And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No. 1579/2019 in Rejected Case No.2309/2016 with Civil Application No. 1580/2019 in Rejected Case No.2312/2016 with Civil Application No. 1581/2019 in Rejected Case No.2315/2016 with Civil Application No. 1582/2019 in Rejected Case No.2318/2016 with Civil Application No. 1583/2019 in Rejected Case No.2321/2016 with Civil Application No. 1584/2019 in Rejected Case No.2324/2016 with Civil Application No. 1585/2019 in Rejected Case No.2327/2016 with Civil Application No. 1586/2019 in Rejected Case No.2330/2016 with Civil Application No. 1587/2019 in Rejected Case No.2333/2016 with Civil Application No. 1588/2019 in Rejected Case No.2336/2016 with Civil Application No. 1589/2019 in Rejected Case No.2339/2016 with Civil Application No. 1590/2019 in Rejected Case No.2022/2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Ansari Asggar Kalim I/b. Bhavana R. Khemani for the Applicant

CORAM

: K.K.TATED, J.

DATED : MAY 3, 2019 P.C.

Pursuant to the praecipe filed by the advocate for the Applicant, the matters are taken on production board.

1/3

By these Civil Applications the Applicant seeks to set aside the order dated 21.07.2016 passed by the learned Registrar (Judicial-II) by which the First Appeals in the above matters stood dismissed for non removal of office objections.

The learned counsel for the Applicant submits that the advocate on record is from Nasik and therefore, it remained on their part to remove all office objections in time. In support of his contention, he relies on para 3 of the Civil Applications.

It is to be noted that though the matters had appeared before the Registrar for more than 3 times for removal of office objections, the Applicant has failed and neglected to do so.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Applications, I am satisfied that the Applicant has made out a case for allowing the Civil Applications. However, on payment of costs.

2/3

Hence, the following order is passed:

a.

Order dated 21.07.2016 passed by the learned Registrar (Judicial-II) is set aside.

b.

The First Appeals are restored to file for hearing on merits.

c.

The Applicant is directed to remove all office objections on or before 29.06.2019, failing which the matters shall stand dismissed without further reference to the court.

d.

The Applicant to pay costs of Rs.5000/- in each matter.

e.

The costs shall be paid to the Kirtikar Law Library, High Court, Mumbai and place a receipt thereof on record on or before 15.06.2019, failing which the Civil Applications shall stand dismissed without further reference to the court.

f.

Civil Applications stand disposed of accordingly.

(K.K.TATED, J.) 3/3