Harendra Mahendrakumar Panalal And ANR v. Bharat Mahendrakumar Panalal And 2 Others

1 / 2 504-APP-90-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.90 OF 2019 IN NOTICE OF MOTION (L) NO.184 OF 2018 Harendra Mahendrakumar Panalal & Anr.

.... Appellant versus Bharat Mahendrakumar Panalal & Ors.

.... Respondents .......

• Mr.Gauraj Shah a/w Mr.Meetal Sarla, Advocate for Appellant. • Mr.Ashish Kamat a/w Mr.Krunal Mehta i/b. Federal and Co., Advocate for Respondent No.1.

CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATE : 28th JANUARY, 2020.

P.C. :

1.

Pursuant to the praecipe filed by the learned Counsel for the Appellant, the matter is taken on production board. 2.

Heard learned Counsel for the parties.

3.

This Appeal was allowed by this Court vide order dated 14/01/2020. At that time, vide clause (f) the Appellant/Original Plaintiff was directed to remove all office objections in Suit (L) Nesarikar

2 / 2 504-APP-90-19.odt No.137/2017 on or before 07/02/2020, failing which the Appeal was to stand dismissed without reference to the Court. 4.

Learned Counsel for the Appellant states that since the Associate concerned has proceeded on maternity leave, it is not possible to comply with those directions before 07/02/2020 and therefore the Appellant is seeking some further time for compliance of clause (f).

5.

Learned Counsel for the Respondent opposes this request. However, considering the ground on which the extension is sought, we are inclined to extend the time. 6.

The office objections, as mentioned in clause (f) of the operative part of the order dated 14/01/2020, shall be removed on or before 21/02/2020, failing which the Appeal and consequently the Suit (L) No.137/2017 shall stand dismissed without further reference to the Court.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.)