Jitendra Krishnalal Shah v. Panna Surendra Mehta And ANR

nma-1288-17(27)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1288 OF 2017 IN APPEAL (L) NO.18 OF 2017 Jitendra Krishnalal Shah ..Applicant Vs.

Panna Surendra Mehta & Anr ..Respondents Mr. Pramod Bhosale i/b Ms Kavita Shinde for the Applicant CORAM :R. M. SAVANT, & SARANG V KOTWAL, JJ DATE : 10th NOVEMBER, 2017 P.C.

The above Notice of Motion has been filed for restoration of the Appeal as well as the Notice of Motion filed therein. The Appeal has stood dismissed for non prosecution on account of the conditional order dated 2-32017 passed by the Learned Prothonotary and Senior Master of this Court which mandated the removal of objections within a particular time frame, in view of the order not being complied with, the conditional order became operative resulting in the dismissal of the above Appeal. Since the Appeal has stood dismissed on account of a technical reason, it would be just and proper to allow the above Notice of Motion so that the Appeal could be restored and the Appellant can then pursue the Appeal on merits. The above Notice of Motion is accordingly allowed in terms of prayer clauses (a) and (b), resultantly the Appeal stands restored to file. The Appellant to remove office mmj

nma-1288-17(27) objections within 3 weeks from date, if not already removed, failing which the Appeal would again stand dismissed for non prosecution without further reference to the Court. The above Notice of Motion is accordingly disposed of. [SARANG V KOTWAL, J] [R.M.SAVANT, J] mmj