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Bombay High CourtCHS/1269/2015disposed off

Chainmal Jumromal Thadani v. Atmaram Shantaram Raote And 4 ORS

2015-09-28Hon'Ble Shri Justice S.J. Kathawalla3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L) NO.1613 OF 2015 IN SUIT NO.457 OF 2014 Chainmal Jumromal Thadani ...

Applicant/Plaintiff versus Atmaram Shantaram Raote and Ors.

...

Defendants Mr. Ashutosh R. Gole, for Plaintiff.

None for Defendants.

CORAM: S.J. KATHAWALLA, J.

DATE: 28 th SEPTEMBER, 2015 P.C.:

1.

Heard the learned Advocate for the Applicant/Plaintiff. None for the Defendants. The Chamber Summons is allowed in terms of prayer clauses (i) and (ii), which are reproduced hereunder :

(i) that the delay of 200 days in filing the present Chamber Summons be condoned;

(ii)That the order dated 20-01-2015 by the Prothonotary and Senior Master under Rule 87 of the Bombay High Court Original Side Rules be recalled, quashed and set aside and the Suit No.457 of 2014 is restored to file.

2.

The Chamber Summons is accordingly disposed of. 3.

Place the Suit for Directions on 12 th October, 2015. A copy of this order 1/3

shall be forthwith on the Defendants by hand delivery by the Advocate for the Plaintiff.

( S.J.KATHAWALLA, J. ) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order. 3/3