Bombay High CourtCRA/1/2017allowed

Mabai Hotels, Rep. By Its Partner Mr. Walter D'Costa And ANR., v. Chetan Dessai And ANR.,

2017-06-14Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL REVISION APPLICATION NO. 1 OF 2017 MABAI HOTELS, REP. BY ITS PARTNER MR. WALTER D'COSTA AND ANR., ... Petitioners

Versus

CHETAN DESSAI AND ANR., ... Respondents Mr. Vinod Vishnu Korgaonkar, Advocate for the applicant. Coram:- C. V. BHADANG, J.

Date:- 14th June, 2017 P.C.

The applicant is challenging the Order dated 09.02.2012 passed by the Registrar in First Appeal no. 228 of 2009 for failure to take steps in service of the respondents. Learned Counsel for the applicant states that in the present application the respondents were required to be served by publication and if the First Appeal is restored the applicant shall take immediate steps for service of the respondents.

2. Considering the circumstances, the application is allowed. The Impugned Order dated 09.02.2012 passed by the Registrar is hereby set aside. The First Appeal no. 228 of 2009 is restored to the file. The applicant shall take immediate steps for service of the respondents in the First Appeal no. 228 of 2009 within a period of three weeks from today.

C. V. BHADANG, J.

CRA/1/2017 msr