Ebrahim Vania Major And 16 ORS v. Ayoob Hashim Mohamedy And 2 ORS

nms 2603 of 2016 (928).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2603 OF 2016 IN SUIT (L) NO.259 OF 2016 Ebrahim Vania Major and Ors.

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Plaintiffs versus Ayoob Hashim Mohamedy and Ors.

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Defendants Mr. Hemant Ghadigaokar, for Plaintiffs.

Mr. Harish R. Pawar, for Defendant No.2.

Mr. Harshad M. Deshpande, for Defendant No.3. CORAM: S.J. KATHAWALLA, J.

DATE: 16th NOVEMBER, 2016 P.C.:

1.

On 7 th September, 2016 this Court passed the following order : "Office has raised objections in the above Suit on 2 nd April, 2016. The learned Advocate for the Plaintiffs has not bothered to remove office objections till date. The Plaintiff is therefore, directed to remove office objections within a period of one week from today, failing which the above Suit shall stand dismissed without reference to this Court. "

2.

The present Notice of Motion is taken out for setting aside the above order. Perused the Notice of Motion and the Affidavit in support thereto. For reasons set out in the Affidavit in support of the Notice of Motion, the order dated 7 th September, 2016 is set aside.

ssp 1/2

nms 2603 of 2016 (928).sxw 3.

The undertaking given by the Plaintiffs through their Advocates that they shall remove office objections within one week from today is accepted. It is clarified that if the objections are not removed as undertaken, the Suit shall once again stand dismissed without reference to this Court. 4.

The Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2