Poona Auto Works v. Mr. Avinash Laxmikant Bhalerao And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1547 OF 2015 IN APPEAL FROM ORDER (ST) NO.3522 OF 2015 Poona Auto Works .. Applicant vs Avinash Laxmikant Bhalerao & ors ..Respondents.

Mr.M.M.Kadam for Applicant Coram: G.S.KULKARNI, J.

Date : 25th APRIL, 2016.

P. C.

1.

Leave to amend to in-corporate prayers. Amendment to be carried out forthwith.

2.

Heard learned counsel for the applicant.

3.

By this application the applicant seeks setting aside of the order dated 4th August, 2015 passed by this Court by which this Court had granted six weeks time to the appellant to take appropriate steps for service on respondent no.6 failing which it was directed that the Application would stand dismissed without reference to the Court. 1/3

4.

There is a delay of 2 months and 19 days in filing the Appeal.

5.

Perused the application. In view of the averments as made in the application, the delay of 2 months and 19 days in filing the present Application is condoned as also order dated 4th August, 2015 passed by this Court is quashed and set aside. The applicant is permitted to effect afresh service on respondent no.6 and file an affidavit of service to that effect within two months from today. Subject to above directions, Civil Application is allowed in terms of prayer clauses (a) and (b).

Civil Application is accordingly disposed of. (G.S.KULKARNI, J) 2/3

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