Vilas Bhalchandra Kamtikar v. The Jalna Peoples Co-Op Bank Ltd. And Others

{1} 926 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 9993 OF 2013 IN RC/383/2013 VILAS BHALCHANDRA KAMTIKAR

VERSUS

THE JALNA PEOPLES CO-OP BANK LTD. AND OTHERS ...

Advocate for Applicants : Mr. Ankush N. Nagargoje CORAM : K.K. SONAWANE, J.

DATE : 22nd November, 2017.

PER COURT:

1] Heard learned counsel for the applicant. Perusal of the application reveals that there were office objections and same were not removed. Therefore, the concerned Registrar was constrained to refuse registration of appeal by order dated 11.12.2012. 2] The applicant undertakes to remove the office objections immediately after its restoration. He prayed to allow the application. 3] Admittedly, the matter pertains recovery of amount. In view of nature of subject matter, in my view, reasonable opportunity is required to be given to the applicant to pursue the appeal. Hence, the order of refusal of registration of appeal is hereby quashed and set aside by allowing the present application in terms of prayer clause (B) and (C). Delay caused for filing the application is hereby condoned. Appeal be restored to its original stage. Applicant to remove the office objections within two weeks after its restoration on record. Registry to take requisite steps for further process. [K.K. SONAWANE] JUDGE.

grt/-