Raval Tower Co-Operative Housing Society Limited v. Shivshakti Metal Industries

TAUSEEF LAIQUEE FAROOQUI TAUSEEF LAIQUEE FAROOQUI Date: 2022.09.08 17:52:46 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.3537 OF 2022 IN COMMERCIAL SUIT (L) NO.10666 OF 2021 Raval Tower Co-operative Housing Society Ltd.

...Applicant/Plaintiff

Versus

Shivshakti Metal Industries ...Defendant **** Ms. Vaishali Sanghavi a/w Mr. Ameet Mehta i/by Solicis Lex for Applicant/Plaintiff.

Mr. Vishal Kolekar for Defendant.

**** CORAM :

R.I. CHAGLA, J.

DATED :

29th AUGUST, 2022 ORDER :

1.

Heard the learned counsel for the Applicant/Plaintiff 2.

By this Interim Application, the Applicant/Plaintiff is seeking restoration of the Commercial Suit (L) No.10666 of 2021 by recall of order dated 20th June 2022.

3.

The Applicant/Plaintiff has stated that the Advocate for the Applicant/Plaintiff had received a notifcation of offce objections in the captioned Commercial Suit.

1/3

4.

However, the matter was listed before the Prothonotary and Senior Master of this Court and hence the Applicant/Plaintiff did not get a chance to remove the offce objections. Accordingly, in view of the notice issued by this Court on 6th May 2022, the captioned Commercial Suit came to be rejected for non-removal of offce objections within the time stipulated in the said notice. 5.

The Applicant/Plaintiff has stated that there were some documents exhibited in the captioned Commercial Suit which were in Marathi language and same need to be translated in English and also there were some documents which were not in clear and legible print and had to be typed and submitted.

6.

The Advocate for the Applicant/Plaintiff could not remove the offce objections before the fnal date mentioned in the notice. The Applicant/Plaintiff has stated that the Advocate for the Applicant/Plaintiff learnt about the rejection of the Suit at the time of hearing of the matter, when the same was listed before this Court and accordingly fled the present Interim Application. 7.

Having considered the averments in the Interim Application as well as noting that the Advocate for the Applicant/Plaintiff had not removed the offce objections in view of the matter not having been listed before the Prothonotary and 2/3

Senior Master of this Court as well as the objections are with regard to translation of certain documents and providing typed copies of documents which were not in clear print, the relief sought for in the Interim Application requires to be granted. Hence, the following order is passed:- (i). The captioned Commercial Suit (L) No.10666 of 2021 is restored to fle by extending the time which had been granted by notice dated 6th May 2022, by a further period of three weeks from the date of uploading of this order.

(ii). In the event, the offce objections are not removed within the stipulated time, the captioned Commercial Suit (L) No.10666 of 2021 shall stand rejected without further reference to the Court.

(iii).The Interim Application is disposed of in the above terms.

(R.I. CHAGLA, J.) 3/3