Atithi Developments Pvt Ltd v. Ramashankar R Yadav And 5 ORS

P.H. Jayani 21 NMS1802.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1802 OF 2017 IN SUIT NO. 402 OF 2013 Atithi Developments Pvt. Ltd.

....Applicant In the matter between :- Atithi Developments Pvt. Ltd.

....Plaintiff V/s.

Ramashankar R. Yadav and ors.

....Defendants Mr. Dipen Furia a/w. Mr. Harsh Kesharia I/b. M/s. Shah and Furia Associates for the plaintiff.

Mr. Ramchandra Yadav i/b. Legal Vizz for defendant no.4. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 02nd APRIL, 2019.

P.C.:

.

By this Notice of Motion, the plaintiff has sought to recall the order dated 22/08/2017 whereby the suit was dismissed for non prosecution.

2.

Heard the learned counsel for the plaintiff and the learned counsel for the defendant. I have perused the reasons stated in paragraph 3, 4 and 5 of the affidavit in support of the Notice of Motion. The said reasons, in my considered view, constitute sufficient ground. Hence, the order dated 22/08/2017 is recalled. Notice of Motion stands disposed of. Suit is restored to file. 3.

Suit is adjourned to 23/04/2019.

(SMT. ANUJA PRABHUDESSAI, J.) 1/1