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Bombay High CourtNMA/677/2018absolute

Kusumavati Infrastructure Private Limited v. Sandra Shankar Vailaya

2018-09-26Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice A.S. Oka2 pages

nma677.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.677 OF 2018 IN APPEAL (L) NO.194 OF 2017 Kusumavai Infrastructure P.Ltd.

...Applicant vs.

Sandra Shankar Vailaya

...Respondent

Ms Maya Dave for the applicant None for the respondent CORAM : A.S.OKA, & M.S.SONAK,JJ.

DATE : SEPTEMBER 26, 2018 P.C.:

The appeal preferred by the appellant stands rejected in terms of the order dated 20th July 2017 passed by the learned Prothonotary and Senior Master in exercise of power under Rule 986 of the High Court Original Side Rules. The reason for rejection is non removal of office objections. Considering the averments made in the affidavit in support, an opportunity deserves to be granted to the applicant to prosecute the appeal.

Accordingly, Notice of Motion is made absolute in terms of prayer clauses (a) and (b) subject to condition of the applicant removing all office objections in the appeal within a period of four weeks from the date on which this order is uploaded. If office objections are not removed within

nma677.doc stipulated period, the order of rejection of appeal will stand.

(M.S.SONAK,J.) (A.S.OKA,J.)