Bombay High CourtCAO/563/2014dispossed offdismiss for default

Sunil S/O Vinayak Kokje And Others v. M/S Shewalkar Hotels Through Its Managing Partner Ashutosh Ram Shewalkar

2015-03-11Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao563.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.563 OF 2014 AND MISC. CIVIL APPLICATION ST. NO.6820 OF 2014 IN REJ. M.C.A. NO. 128 OF 2014 IN CIVIL REVISION APLICATION NO. 32 OF 2012.

(SUNIL VINAYAK KOKJE & OTH..VS..M/S. SHEWALKAR HOTELS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Sudhir Moharir, Advocate for Applicants.

CORAM : Z.A.HAQ, J.

DATED : MARCH 11, 2015.

The applicants filed Misc. Civil Application St. No. 6820 of 2014 praying that the order passed by learned Registrar (Judicial) on 31st January, 2014, pursuant to which registration of the review application was refused, be set aside. The review application came to be dismissed for nonremoval of the office objections. In view of the facts, without issuing notice to the non-applicant and accepting the reasons stated in the application, the delay in filing the restoration application is allowed.

For the reasons stated in the Misc. Civil Application, the order passed by the learned Registrar (Judicial) on 31st January, 2014 is set aside and Civil Application Stamp No.16095 of 2013 and Misc. Civil Application Stamp No. 16094 of 2013 are restored to file.

2 cao563.14 The applicants undertake to remove office objections within two weeks, failing which this order shall stand recalled and the Civil Application St. No. 16095 of 2013 and Misc. Civil Application Stamp No. 16094 of 2013 shall stand dismissed without reference to the Court. Civil Application No. 563 of 2014 and M.C.A. St. No. 6820 of 2014 are disposed of in the above terms. JUDGE RRaut..