Bombay High CourtCAO/291/2014dispossed offdismiss for default

The Khan Co-Operative Society Ltd. Nagpur v. Shri Abdul Salim Vald Sattar Miya, And 5 Others

2015-08-28Hon'Ble Shri Justice A.S. Chandurkar2 pages

2808cao291.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 291 OF 2014 The Khan Coop. Society ltd. Nagpur Vs. Abdul Salim vald Sattar Miya & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri H. R. Gadhia Adv for applicant.

Mrs. P. Chaudhari Adv for respondents 1 & 2. Shri S. O. Ahmed Adv for respondent no.6.

CORAM: A.S.CHANDURKAR J.

DATED: 28th AUGUST, 2015.

Prayer is to restore the first appeal after condoning the delay. There is delay of about 155 days in seeking restoration of the appeal. The prayer is opposed on behalf of respondent nos. 2 as well as 6 by filing reply. Considering the reasons mentioned in the application delay in filing restoration application is condoned subject to costs of Rs. 1000/- each to be paid to respondent nos. 2 and 6. Amount of costs would be paid to the concerned respondent within three weeks from today. If such costs are not paid the application shall stand dismissed. Civil application disposed of. Misc. C. A. St. 219 of 2014: For reasons mentioned in the application the same is allowed. The order dated 05.07.2013 is recalled and first appeal is restore to file. Misc. civil application disposed of. First Appeal no. 473 of 2007: In view of enhancement of pecuniary

2808cao291.14 jurisdiction of the District Court as per Maharashtra Act XXII of 2015 this appeal shall stand transferred to the District Court for hearing. Necessary steps be taken accordingly. Record and proceedings shall also be remitted to the District Court.

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