The Mahatma Gandhi Memorial Employees Provident Fund Trust v. Ketan Seth And Co.

DSS 1 21-nma-1239-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1239 OF 2016 IN NOTICE OF MOTION (L) No. 2202 of 2014 Ketan Sheth and Co.

...

Applicant.

In the matter between The Mahatma Gandhi Memorial Employees Provident Fund Trust ...

Appellants.

V/s.

Ketan Sheth and Co.

...

Respondent.

Mr. Mohan W. I/b Angeline Rodrigues for the Applicant. CORAM :

A.S. OKA AND M.S. SONAK, JJ.

DATE :

2nd NOVEMBER 2018.

P.C.:

1] Heard the learned counsel appearing for the applicant. 2] Notice of Motion (L) No. 2202 of 2014 taken out by the applicant was dismissed as per order dated 18th June 2015 passed by the learned Prothonotary and Senior Master in exercise of powers under Rule 986 of the Bombay High Court Original Side Rules.

3] In view of the averments made in the affidavit in support of Notice of Motion, a case for restoration is made out. Accordingly, Notice of Motion is made absolute in terms of prayer clauses (a) and (b) subject to condition of the applicant removing all office objections in the restored Notice of Motion within a period of one month from today. If all office objections are not removed within stipulated time, the order of rejection of the Notice of Motion will stand. If compliance is made within stipulated time, the restored Notice of Motion shall be listed on 14th December 2018. (M. S. SONAK, J.) (A.S.OKA, J.)