Meenakshi Menon v. The Breach Candy Swimming Bath Trust And 11 ORS

sat 1/1 nmsl 3009-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 3009 OF 2015 IN SUIT (L) NO. 637 OF 2015 Meenakshi Menon ...Plaintiff / Applicant vs.

The Breach Candy Swimming Bath Trust & Ors.

...Defendants.

Mr.Archit Jayakar with Hussein Bengali i/b. Jayakar & Partners for Plaintiff. Mr.Prashant P.Kulkarni for Respondent.

CORAM : S.C. GUPTE, J.

29 OCTOBER 2015 P.C. :

This Motion is for restoration of the suit dismissed for non-removal of office objections. The suit came to be dismissed by an order passed on 15 September 2015, which was a self operative order providing for dismissal of the suit in the event of non-removal of office objections within a period of two weeks. Learned Counsel for the Plaintiffs submits that the objections have since been removed, though the suit has been dismissed under the self operative order.

The Notice of Motion is allowed by recalling and setting the dismissal order and restoring the suit on board. No order as to costs. Ad-interim order passed in the Notice of Motion on 8 July 2015 shall continue to operate pending the Notice of Motion.

(S.C. Gupte, J.)