Shri. Prakash Babulal Mutha v. Kadakai Alkalies And Chemicals Ltd.

20 caf1968-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1968 OF 2015 IN FIRST APPEAL NO.1400 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Samrat Shinde i/b Mr.T.D.Deshmukh for the applicant Mr.Niranjan Parekh with Mr.Akshay D. Naik with Ms.Priyanka Gokhale i/b M/s.Mansukhlal Hiralal and Co. for the respondent

CORAM

: K.K.TATED, J.

DATED : 17/06/2015 PC:

Heard the learned counsel for the parties.

In the morning session when the matter was called out advocate for the respondent requested to keep back the same so that he can go through the proceedings.

This application is for restoration of First Appeal No.1400 of 2012 which was dismissed in view of order passed by Registrar (Judicial-II) dated 8.8.2014.

The learned counsel for the applicant submits that applicants are ready and willing to deposit printing charges within four weeks from today. Statement is accepted.

Mohite 1/2

20 caf1968-15.doc The learned counsel for the respondent vehemently opposed the present Civil Application. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (b) and (c) which read thus:

(b) Filing of affidavit in support of this Civil Application may kindly be dispensed with;

(c) This Hon'ble court may kindly be pleased to recall the order dated 8.8.2014 passed by Ld.Registrar (Judicial-II) and further be pleased to restore the First Appeal No.1400 of 2012 to its file;

B) Applicant to remove all office objections as per order dated 8.8.2014 passed by Registrar (Judicial-II) within four weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

C) Civil application stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2