M/S. Reliable Extraction Industries Pvt. Ltd. And 3 ORS v. Dinesh Narshidas Kotecha And 10 ORS

18.1090.17-nms FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1090/2017 IN SUIT (L) NO.1207/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Prajot Jaggi for the plaintiff CORAM : K. K. TATED, J.

DATE : AUGUST 10, 2017 P.C.:

1.

Heard. The Notice of Motion is filed by the plaintiff for setting aside order dated 14.03.2017 passed by the Prothonotary & Senior Master by which the suit stood rejected under Rule 986 of the High Court Original Side Rules, for non removal of office objections within stipulated time.

2.

The learned counsel for the applicant submits that the applicant plaintiff undertakes to remove all office objections within four weeks from today.

3.

Considering the submissions made by the learned counsel for the applicant and the Basavraj G Patil 1/2

18.1090.17-nms averments made in the affidavit in support of the Notice of Motion and as the applicant undertakes to remove all office objections, I am satisfied that the applicant has made out a case for allowing the Notice of Motion.

4.

Hence, following order is passed:

a.

Order dated 14.03.2017 passed by the learned Prothonotary & Senior Master in suit (L) No.1207/2016 is set aside.

b.

Suit (L) No.1207/2016 is restored to file.

c.

The applicant to remove all office objections within four weeks from today, failing which the Notice of Motion shall stand dismissed without further reference to the court.

d.

Notice of Motion stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2