Namdev Tukaram Pednekar v. Maharashtra State Co-Op Bank Ltd And ANR.

nma-946.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.946 OF 2015 IN APPEAL (L.) NO.684 OF 2007 Namdev Tukaram Pednekar ... Applicant

Versus

Maharashtra State Co-op Bank Ltd. And Anr.

... Respondents Mr. Rahul Nerlekar for the Applicant.

Mr. Swapnil P. Kamble for the Respondent No.1. CORAM : A.S. OKA & M.S. KARNIK, JJ.

DATE : 22nd NOVEMBER, 2016 P.C.

Heard the learned counsel appearing for the Applicant/ Appellant and the learned counsel appearing for the first Respondent. The second Respondent is a formal party. Appeal preferred by the Applicant has been rejected for non removal of office objections by the Prothonotary and Senior Master in exercise of powers under Rule 986 of the Bombay High Court (Original Side) Rules, 1960. In view of the averments made in the affidavit in support from paragraph 3 onwards, a case for restoration is made out. Accordingly, notice of motion is made absolute in terms of prayer clause

nma-946.15 (a) subject to condition of Applicant of removing all office objections in the Appeal within a period of four weeks from today. If office objections are not removed within stipulated time, the order of rejection shall stand. If office objections are removed within stipulated time, Appeal shall be fixed for "Admission" on the date fixed as per CMIS. (M.S. KARNIK, J.) (A.S. OKA, J)