← Library
Bombay High CourtMCA/370/2022disposed of

Antonio Ernesto Pereira And ANR v. Vpk Urban Co-Operative Credit Society Ltd., Thr. Their Branch Manager And ANR

2023-02-10Hon'Ble Shri Justice M. S. Sonak2 pages

901-MCA 370-22.DOC Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.370 OF 2022 AND STAMP NUMBER MAIN NO.1272 OF 2020 (Filing No.) IN STAMP NUMBER MAIN NO.1000 OF 2019 ANTONIO ERNESTO PEREIRA AND ANR.

... Applicants

Versus

VPK URBAN CO-OPERATIVE CREDIT SOCIETY LTD., THR.

THEIR BRANCH MANAGER AND ANR ... Respondents Ms. Asha Desai and Ms. N. Volvoikar, Advocates for the Applicants.

CORAM:

M. S. SONAK, J.

DATED :

th FEBRUARY 2023 P.C.:

1.

Heard Ms Desai, learned counsel for the Applicants. 2.

She points out that in the main petition, no notices were issued to the Respondents but the main writ petition came to be dismissed by the Registrar (J) for failure to clear the office objections. She points out that the revision filed before this Court against the Registrar's 10th February 2023

901-MCA 370-22.DOC order was filed after a delay of 171 days. Hence, this application seeking condonation of delay, and if the delay is condoned then for restoration of the main petition.

3.

Ms Desai points out that most of the period during which the Advocate for the Petitioner could not process the matter was affected by COVID-19 Pandemic. From the perusal of the records, this appears to be so.

4.

Therefore, the delay in instituting the revision petition is condoned.

5.

Further, even the revision is taken up for consideration and since the petition could not be processed for the above reason, even the revision is allowed and Registrar's order dismissing the main petition is set aside.

6.

Ms Desai now assures the Court that the objections in the main writ petition would be positively cleared within a week from today failing which the petition to stand dismissed for non-prosecution without further reference to this Court.

7.

The Misc. Civil Application No. 370 of 2022 and Stamp Number Main No.1272 of 2020 (F) are disposed of. M. S. SONAK, J.

TARI AMRUT NAGESH Date: 2023.02.13 11:56:18 +05'30'

10th February 2023