Shivajirao Shankarrao Kothalkar v. The Commercial Co-Op Bank Ltd

4640.13-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4640 OF 2013 IN FIRST APPEAL NO.1555 OF 2011 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V. S. Kapse for the Applicant.

Mr. Sangramsing Yadav for Respondent Nos.1 and 2.

Mr. S. B. Ghatage for Respondent Nos.3 and 4. Mr. Abhijeet M. Adagule for Respondent No.5.

CORAM : K. K. TATED, J.

DATE : JANUARY 9, 2015 P.C.:

1.

Heard. This application is for restoration of the present appeal which was dismissed for non prosecution vide order dated 26/09/2012.

2.

The learned counsel for the respective Respondents vehemently opposed the present Civil Application. They submit that the Applicant has not shown sufficient cause for restoration of the appeal.

3.

Considering the submissions made by the learned counsel for the Applicant and the Basavraj G Patil 1/2

4640.13-caf averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) Order dated 26/09/2012 is recalled.

b) The present appeal is restored to file for hearing and final disposal on its own merits. c) Civil Application stands disposed off accordingly.

d) The learned counsel for the respective Respondents waive service in First Appeal.

JUDGE Basavraj G Patil 2/2