Dr. Abdur Razak Ismail Holy And ANR. v. Ali Haroon Wangre And 9 ORS. Union Bank Of India (Resp)

- 1 - (NMAL 570 of 2017) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) No. 570OF 2017 IN APPEAL (L) No. 115 OF 2016 IN NOTICE OF MOTION (L) No. 1916 OF 2015 IN SUIT No. 424 OF 2008 Dr. Abdur Razak Ismail Holy and Anr.

...Applicants In the matter between Dr. Abdur Razak Ismail Holy and Anr.

....Appellants (Org.Plaintiffs) Vs.

Aku Gariib Wangre and Ors.

.....Respondents (Org. Defendants) *********** Ms. Firdaus Moosa i/b. Prakash Mahadik for Appellants None for Respondents *********** CORAM : V.M. KANADE & C.V. BHADANG, JJ DATE : MARCH 30, 2017 P.C. :

1.

Heard the learned counsel appearing on behalf of the Applicant.

2.

For the reasons stated in the affidavit in support of the notice of motion, the delay caused in filing the notice of motion is 1/2

- 2 - (NMAL 570 of 2017) condoned. We are informed that the office objections are removed. Hence, the order dated 5th May, 2016 passed by the Prothonotary and Senior Master, High Court, Bombay under Rule 986 of the High Court, Original Side Rule, rejecting the appeal for non-removal of office objections is set aside / recalled and appeal is restore to the file. Notice of motion is accordingly allowed and disposed of in terms of prayer clause (a) and (b). [ C.V. BHADANG, J.] [ V.M. KANADE, J.] Vaishali Tikan 2/2