M/S. Ravi Developments, Through Partners v. M/S. Mahavir Associate, Through Partner, Shri. Mangalprabhat Lodha And ORS

7.2952.16-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2952/2016 IN WRIT PETITION NO.8553/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. R. Shaikh for the applicant Mr. Prashant Kamble i/b A. S. Rao for respondent Nos.3 to 5, 7, 8, 10 to 13.

Mr. Shyam Gopal i/b. Veritas Legal for respondent No.1.

CORAM : K. K. TATED, J.

DATE : JULY 25, 2017 P.C.:

1.

Heard. The learned counsel for the applicant seeks liberty to delete the name of respondent Nos.

(2) Anthony John D'souza (4) Wilson Anthony D'Souza, (6) Marry Sanjor Parera (9) Sibel Sayman Prasad (14) Kalpesh Sanjor Parera and (15) Dipti Sanjor Parera from the array of the parties. Same is permitted. Amendment to be carried out during the course of the day.

2.

This application is for restoration of the Writ Petition which was dismissed for non prosecution by order dated 17.10.2016.

Basavraj G Patil 1/2

7.2952.16-caw 3.

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.

4.

Hence, the following order:

a) Order dated 17.10.2016 passed by this court is recalled.

b) The Writ Petition is restored to file on merits. c) Office is directed to show the names of respondent Nos.(2) Anthony John D'souza (4) Wilson Anthony D'Souza, (6) Marry Sanjor Parera

(9) Sibel Sayman Prasad (14) Kalpesh Sanjor Parera and (15) Dipti Sanjor Parera in the cause title of the Writ Petition, as deleted.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2