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Bombay High CourtCAS/791/2017

Jayanti Prasad Agarwal (Deceasd Thr. Lrs) And ANR. v. Satguru Builders And ANR.

2017-04-21Hon'Ble Shri Justice Nitin Jamdar2 pages

Rane (sr.128)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application in SA (ST) NO. 28137 OF 2015 IN Second Appeal NO. 919 OF 2001 Jayanti Prasad Agarwal (deceasd Thr. Lrs) & Anr. ...Applicants

Versus

Satguru Builders & Anr.

...Respondents

None for the Applicants.

None for the Respondents.

CORAM: N.M. JAMDAR, J DATED: 21st April, 2017 PC:- .

The Civil Application seeks to set aside the order passed by the Registry dated 17 December, 2013.

2.

The Appeal filed by the Applicant was dismissed on 30 November, 2002 as the Advocate for the Applicant had failed to remove the office objections. Thereafter, an application for restoration was taken out in the year 2013, which too was dismissed for non-removal of office

objections. When the Application is called out, none appears for the Applicant. This Civil Application is filed with delay of 644 days without any cogent explanation. At every stage, there is gross delay and negligence. The proceedings are a clear abuse of the process of law. The Civil Application is rejected.

(N.M. JAMDAR,J.)