M/S. Ami Builders v. Laura J. Miranda (Deleted As Per Order Dated 06/05/2010) And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.140 OF 2024 IN REJECTED CASE NO. 2246 OF 2019 M/s. Ami Builders ...

Applicant/Appellant V/s.

Mr. Anthony J. Miranda & Ors.

...

Respondents ------------------- Mr. Rajiv Jadhav i/by Shivaji Nirmale, for the Applicant. --------------------- CORAM : KISHORE C. SANT, J.

DATE : 10TH JANUARY 2024.

PC:

1.

The present application filed by the applicant. There are certain objections raised by the office for non-removal of office objections. The Registrar-Judicial II of this Court dismissed the First Appeal by order dated 4th October 2019. The present applicant has filed Interim Application No. 1 of 2020 for restoration of First Appeal. This Court by order dated 4th March 2020 was to please to allow the application for restoration, subject to condition to remove all office objections within four weeks. It was made clear that no further extension to be granted.

2.

Learned advocate for the applicant states that this order was passed on 4th March 2020 and soon thereafter national lock down 28-ia-140-2024 in rc-2246-2019.doc varsha

was started in view of Covid-19, and the office objections could not be removed. Now again applicant has filed application seeking restoration of the appeal by recalling the order dated 4th March 2020. It is the case of the applicant that after the lock down period was over he has been to the office for removing of office objections. However, the office not allow him to remove office objections for a period of four weeks was over as granted by this Court vide order dated 4th March 2020. 3.

The fact of national lock down is taken judicial note of. This Court finds that no notice has been issued in the First Appeal and none had appeared for the respondent before passing the conditional order of the Register-Judicial II. This Court find that no notice is required to the other side.

4.

While considering the present application, for the reasons stated above, this Court finds that the appeal be restored to its original position subject to remove of all office objections. The order dated 4th March 2020 is recalled and time to remove objection is extended by two weeks from today.

5.

The applicant is at liberty to circulate the first appeal thereafter.

6.

Interim application is disposed of.

(KISHORE C. SANT, J) 28-ia-140-2024 in rc-2246-2019.doc varsha