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Bombay High CourtNMW/425/2015disposed off

Shilpa Sud And ANR. v. The Presiding Officer Of Debt. Recovery Tribunal Iii, Mumbai And 11 ORS.

2016-01-27Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

915-NMW425-15.DOC AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 425 OF 2015 IN WRIT PETITION NO. 1038 OF 2014 Shilpa Sud & Anr.

...Petitioners

Versus

The Presiding Officer of Debt Recovery Tribunal III & 11 Ors.

...Respondents

Mr. Jignesh Shah, i/b Mr.

Anil More, for the Applicants/Petitioners.

None for the Respondents.

CORAM: S.C. DHARMADHIKARI & G.S. PATEL, JJ.

DATED:

27th January 2016 PC:- 1.

After having heard the Petitioners' Advocate and since there is a procedural non-compliance, so also the matter is strictly between the Court and the Petitioners, we condone the delay of 67 days in moving the Notice of Motion. We also set aside the order passed on 9th July 2015 by the Prothonotary & Senior Master for the explanation that has been offered in the Affidavit in Support.

915-NMW425-15.DOC 2.

All these results in restoration of the Writ Petition to the file of this Court. The office objections shall be removed within four weeks from today.

3.

The Notice of Motion is, accordingly, allowed with no order as to costs.

(G. S. PATEL, J.) (S.C. DHARMADHIKARI, J.)