Apex Medichem Pvt. Ltd. Through It S Authorised Signatory, Midc, Paithan, Aurangabad v. Medi Pharma, Lower Parel (West) Mumbai

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10429 OF 2019 IN REJECTED CASE NO.748 OF 2019 IN COMMERCIAL APPEAL (ST) NO.15031 OF 2019 Apex Medichem Pvt. Ltd.

Through its authorised signatory, Having its office at B-28, MIDC, Paithan, Aurangabad APPLICANT

VERSUS

Medi Pharma Having its office at 707, Marathon Icon, Ganpat Kadam Marg, Opp Penisula Corporate Park, Lower Parel (West), Mumbai RESPONDENT Mr C.V. Dharurkar, Advocate for applicant;

CORAM : PRASANNA B. VARALE & AVINASH G. GHAROTE, JJ.

DATED :

30th AUGUST, 2019 ORAL ORDER:

Heard Mr. Dharurkar, learned Counsel appearing for the applicant/appellant.

( 2 ) 2.

By way of present application, the applicant prays for setting aside the order dated 18th July, 2019 passed by learned Registrar (Judicial), whereby the appeal was dismissed for non removal of office objections.

3.

Mr. Dharurkar, learned Counsel for the applicant/appellant submits that as the appellant has raised substantial grounds in the appeal and having every hope of success, the dismissal of the appeal on technical ground may cause serious prejudice to the applicant/appellant. He then submits that the appellant is ready to remove office objections if time is granted by this Court.

4.

In view of submission of Mr. Dharurkar, learned Counsel and for the reasons stated in the application, the application is allowed.

( 3 ) 5.

The appeal be restored to its file subject to removal of office objections within two weeks from today. [AVINASH G. GHAROTE, J.] [PRASANNA B. VARALE,J.] Tupe