Sunil Sharma And 49 ORS. v. Dipti Spaces Pvt. Ltd. And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.410 OF 2017 IN SUIT (L) NO.208 OF 2016 Shri Jalandhar Gonjari ....Applicant

IN THE MATTER BETWEEN :

Sunil Sharma and Ors.

....Plaintiffs Vs.

Dipti Spaces Pvt. Ltd. & Anr.

....Defendants ---- Mr. Ravindra Vishnu Sankpal for applicant/plaintiffs. Mr. Akshay Patil a/w. Mr. Ashvin S. Bhalekar i/b. Q. Motiwala for defendant no.1.

Mr. Kishore Vishwanath Tembe for defendant no.2. ---- CORAM : K.R.SHRIRAM, J.

DATE : 20th JULY, 2017 P.C.:

Heard the counsel for applicant and also considered the affidavit in support. Mr. Patil, counsel for defendant no.1 states that some of the plaintiffs have settled with defendant no.1 and his instructions are some of the plaintiffs are not interested in pursuing the matter also. Be that as it may, in my view, that is not something to be considered while hearing the restoration application. Once the suit is restored, Advocate will follow the instructions of his clients and take necessary steps.

The suit is restored to file. The order passed by the Prothonotary and Senior Master on 10th January, 2017 is recalled. The Gauri Gaekwad

2/2 37.NMS-410-2017.doc undertaking of the counsel for plaintiffs to remove all office objections and get the suit numbered within two weeks is accepted. The notice of motion accordingly stands disposed. (K.R. SHRIRAM, J.) Gauri Gaekwad