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Bombay High CourtCA/13032/2018disposed offdismissed for default

Kiran Avinash Shrigani v. Avinash Mallinath Shrigani

2018-12-14Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13032 OF 2018 (Kiran Avinash Shrigani Vs. Avinash Mallinath Shrigani) IN MISC.CIVIL APPLICATION NO.133 OF 2018 Mr.D.S.Mali, Advocate for the applicant.

( CORAM : Ravindra V.Ghuge, J.) DATE : 14/12/2018 PER COURT :

1.

Though the respondent is served, no appearance is entered. MCA No.133/2018 was disposed of as the applicant did not supply copies for issuance of notices.

2.

Considering the above and that there is a delay of only 12 days, this application is allowed. The self operating order dated 24/08/2018 is recalled to the extent of MCA No.133/2018. The said MCA is therefore restored to the stage at which it was dismissed. The ad-interim relief granted is therefore continued on the following conditions :- [a] The applicant shall supply a copy of the MCA for issuance of notices on or before 20/12/2018.

[b] All office objections shall be removed on or before 20/12/2018.

khs/DEC.2018/13032-d

- 2 - [c] If the directions are not complied with, the MCA shall stand dismissed without reference to the Court by restoring the earlier order.

[d] If the directions in clauses A and B are complied with, issue notice to the respondent, returnable on 01/02/2019. [e] Subject to the above, the ad-interim protection granted, shall continue till the returnable date in this matter. ( Ravindra V.Ghuge, J.) khs/DEC.2018/13032-d