Gsb Capital Markets Ltd. v. Sagarmal Doshi

1 5-chol 747-19 in exa 111-03 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER ORDER NO.747 OF 2019 IN NOTICE OF MOTION (L.) No.2256 OF 2017 IN EXECUTION APPLICATION NO.111 OF 2003 GSB Capital Market Ltd.

..Applicant

Versus

Sagarmal Doshi ..Respondent.

----- Mr.Dinesh Guchiya for Applicant.

Ms.Uma Sharma i/b. Dharam & Co. for Respondent. ---- CORAM :

G.S. KULKARNI, J.

DATE :

3rd JANUARY, 2020 P.C.:

Heard learned Counsel for the applicant and learned Counsel for the respondent.

2.

Learned Counsel for the respondent has vehemently opposed this chamber order stating that the conduct of the applicant in pursuing the proceedings needs to be taken into consideration. She has referred to an order dated 9 October 2017 passed by this Court (K.K. Tated, J.) when the applicant had failed to appear and this Court had dismissed the application for non prosecution. She has also referred to an order dated 10 September 2018 passed by this Court (G.S. Patel, J.) on a bunch of matters, whereby the Court had directed that the office objections be removed. According to learned Counsel for the respondent, the applicant is not diligent in pursuing these proceedings.

3.

Having perused the affidavit in support of the chamber order and having heard learned Counsel for the parties, it is in the interest of justice that

2 5-chol 747-19 in exa 111-03 the applicant need not suffer for the earlier lapses and last opportunity is granted to the applicant to pursue the present proceedings. The applicant shall now diligently pursue the proceedings. The chamber order is accordingly allowed. It is separately signed.

4.

Necessary steps be taken by the applicant within two weeks from today, failing which the application shall stand automatically dismissed without further reference to the Court.

[G.S. KULKARNI, J.]