Shri. Tirathdas Narayandas Keswani And ANR. v. Shri. Ramesh Kundanmal Oswal And ORS.

(M12)WPNo.26242018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2624 OF 2018 Tirathdas Narayandas Keswani & Anr ...

Petitioners V/s.

Ramesh Kundanmal Oswal & Ors.

...

Respondents ...

Mr.Anand R. Nandu i/b. Mr.Sagar Kursija, for the Petitioners. ...

CORAM:

K.K. TATED, J DATED :

17 JANUARY 2019 P.C. :

The Advocate for the Petitioners filed praecipe dated 17.01.2019 for fixing early date of hearing. He submits that by this Writ Petition, they are challenging the Order dated 24.07.2017 passed by the trial Court rejecting their application under Order VII Rule 11 of the Code of Civil Procedure.

Though the Order is passed in July 2017, the Petitioners have mentioned this Writ Petition in January 2019. Considering this fact, it is a fit case to impose cost on petitioners. Hence the following Order :

ORDER

(a) The petitioners are directed to remove all ofÏce objections on or before 28.02.2019, failing which the writ petition shall stand dismissed without further reference to the court.

Gaikwad RD 1/2

(M12)WPNo.26242018.doc (b) The Petitioners are permitted to serve the Respondents along with entire proceedings by way of private notice either by RPAD and/or by hand delivery and to file an AfÏdavit of service to that effect on or before 18.04.2019.

(c) The Petitioners to pay cost of Rs.2,500/-.

(d) Cost to be deposited in the ofÏce of the Kirtikar Law Library High Court, Bombay on or before 28.02.2019 and place on record receipt to that effect, failing which the matter shall stand dismissed without further reference to the court.

(e) If the cost is paid and AfÏdavit of service is filed within stipulated time as stated hereinabove, ofÏce is directed to place the matter on board on 29.04.2019, else, as per CMIS date.

(K.K. TATED, J.) Gaikwad RD 2/2