Kutchhi Jain Seva Samaj Ahmedabad And ANR v. Prabhavati Poonamchand Shah And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [ COMMERCIAL DIVISION ] INTERIM APPLICATION NO.2008 OF 2020 IN EXECUTION APPLICATION (LODGING) NO.2265 OF 2019 IN COMMERCIAL ARBITRATION PETITION (LODGING) NO.118 OF 2018 Kutchhi Jain Seva Samaj Ahmedabad and Anr.

.. Applicants Vs.

Prabhavati Poonamchand Shah @ Babriya and Ors. .. Respondents Mr. Bhavin Gada, i/by L.D. Shah & Co., for the Applicants. Mr. Vijay Vaghela for Respondent Nos.1.1, to 1.4. CORAM : A. K. MENON, J.

TH FEBRUARY 2021.

DATED : 25 P.C. :

1.

This IA seeks restoration of an execution application, which came to be dismissed for want of prosecution on 10 th February 2020. Mr. Gada submits that the absence of the applicants was not intentional and that for the reasons set out in paragraph 3 of the IA, this application may be allowed. 2.

In view thereof, I pass the following order :- (i) IA is made allowed in terms of prayer clauses (a) and (b). (ii) All office objections to be removed within two weeks from today, failing which the execution application will 1/2 22-IA-2008-2020.doc Dixit

stand dismissed without further reference to the court and no application for restoration will thereafter be entertained.

(iii) IA is disposed in the above terms.

(A. K. MENON, J.) 2/2 Dixit Sneha A. Dixit 22-IA-2008-2020.doc by Sneha A. Dixit Date: 2021.02.26 15:00:37 +0530