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Bombay High CourtCAS/159/2020disposed off

Shri.Laxmikant Pukhraj Vyas An Others v. Shri.Puranchand Ramswaroop Bansal And Others

2023-12-18Hon'Ble Shri Justice Rajesh S. Patil2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 159 OF 2020 IN REJECTED CASE NO. 1190 OF 2019 Shri Laxmikant Pukhraj Vyas & Ors.

...

Applicants V/s.

Shri. Puranchand Ramswaroop Bansal & Ors.

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Respondents ------------------- Mr. Ahmed Padela, i/b The Law Point, for the Applicants. None for the Respondents.

VARSHA DEEPAK GAIKWAD --------------------- CORAM : RAJESH S. PATIL,J.

VARSHA DEEPAK GAIKWAD Date: 2023.12.20 10:53:19 +0530 DATE :18TH DECEMBER, 2023.

PC:

1.

This Civil Application is filed for setting aside the order dated 25th September 2018, passed by the Registrar Judicial-II. 2.

After filing of the Second Appeal, there are certain objections raised by the Department. However, Applicants were not able to remove the office objections therefore, by order dated 25th September 2018, four weeks' time was granted to the Applicants to remove office objections, failure to which registration of Second Appeal stood refused.

3.

Learned Advocate for the Applicants submits that due to inadvertence on their part, office objections were not removed. He 17-cas-159-2020 in rc-1190-2019.doc varsha

further submits that the Applicants have a good case on merits and grave prejudice would be caused to the Applicants if the Second Appeal is dismissed for non-removal of office objections. He further undertakes to remove all office objections within a period of three weeks' from today.

4.

The impugned order passed by the Registrar Judicial-II on 25th September 2018 is hereby quashed and set aside. Second Appeal is restored to the File. The Applicants are granted, as a matter of last chance, three weeks' time to remove all office objections. If the office objections are not removed within a period of three weeks, Second Appeal shall stand dismissed without further reference to the Court. 5.

Civil Application is allowed and disposed of accordingly. (RAJESH S. PATIL, J) 17-cas-159-2020 in rc-1190-2019.doc varsha