Ayesha Ishtiaque Latif v. Shoaib Suleman Merhant And 2 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1232 OF 2016 WITH NOTICE OF MOTION NO.1369 OF 2011 IN EXECUTION APPLICATION (L) NO.2263 OF 2015 IN SUIT NO.696 OF 2011 Reshma Suleman Merchant ....Applicants/Org. Def. No.2 In the matter between :

Ayesha Ishtiaque Latiff ....Plaintiff V/s.

Shoaib S. Merchant & Ors.

....Defendants ---- Mr. Vibhav Krishna a/w. Mr. Devang Lakhotia i/b. Juris Consillis for the applicant/org. defendant no.2.

---- CORAM : K.R.SHRIRAM,J DATE : 7th JULY, 2016 P.C.:- This notice of motion is taken out for setting aside the order dated 27th January, 2016 passed by the Prothonotary and Senior Master dismissing the execution application for non removal of office objections and restore the same to file.

The counsel for the applicant shows from the affidavit in support that it was purely human error that the office objections were not complied with within the prescribed time given in the order dated 27th January, 2016. The counsel for the applicant undertakes to have Gauri Gaekwad

2/2 41.NMS-1232-2016.doc the office objections removed within two weeks from today. In view of the undertaking given and for reasons mentioned in the affidavit in support, the notice of motion is allowed in terms of prayer clause -(a) and accordingly disposed of. The execution application is restored to file. (K.R.SHRIRAM,J) Gauri Gaekwad