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Bombay High CourtCAS/105/2017allowed

M/S. D.A. Kapse,(Thr. Prop. Shri. D.A. Kapse) v. Basavraj Oil Mills, (Thr. Partner Subhash Parappa Kalyanshetti, Deceased) Thr. Lrs)

2017-02-17Hon'Ble Shri Justice S.C. Gupte2 pages

DNKale 1/2 14-CAS-105-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.105 OF 2017 IN REJECTED CASE NO.2568 OF 2016 M/s. D. A. Kapse ...

Applicant

Versus

Basawraj Oil Mill & Ors.

...

Respondents .....

Mr. B. G. Ligade I/b D. S. Patil for Applicant. .....

CORAM : S.C.GUPTE, J.

DATE : 17 FEBRUARY 2017 P.C. :

1.

Heard Learned Counsel for the Applicant.

2.

This Application seeks recall of a dismissal order passed by the Registrar, Judicial II on 4 August, 2016 for non-removal of office objections. There is a delay in taking out the present Civil Application. The reasons for the delay are stated in this Civil Application. For the reasons stated, the delay is condoned and the Civil Application is allowed in terms of prayer Clauses (B) and (C). The Applicant shall remove the office objections within a period of two weeks from today, failing which the

DNKale 2/2 14-CAS-105-2017.doc Second Appeal and the Civil Application for stay shall stand rejected under Rule 5 of Chapter V of the Bombay High Court Appellate Side Rules. 3.

The Civil Application is disposed of accordingly. (S.C.GUPTE, J.)