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Bombay High CourtMCA/10/2017allowed

Goa Industrial Development Corporation, Thr. Its Managing Director., v. Mr. Alandro Dilip Nunes And 4 ORS.,

2017-02-23Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 10 OF 2017 IN STAMP NUMBER MAIN NO. 4032 OF 2016 GOA INDUSTRIAL DEVELOPMENT CORPORATION, THR. ITS MANAGING DIRECTOR., ... Applicant

Versus

MR. ALANDRO DILIP NUNES AND 4 ORS., ... Respondents Ms. Sayali Bandodkar, Advocate for the applicant. Mr. P. Sawant, holding for Mr. V. R. Tamba, Advocate for respondent no.1.

Mr. E. Usapkar, Advocate for respondent no.3. Coram:- C. V. BHADANG, J.

Date:- 23rd February, 2017 P.C.

This is an application for condonation of delay of 9 days in filing Civil Revision Application, challenging the order refusing to reject the plaint under Order VII, Rule 11 of CPC. The applicant is defendant no.5 while the first respondent is the original plaintiff. Respondent nos.2 to 5 are the original defendant nos.1 to 4. Having regard to the order, which is sought to be challenged, it is respondent no.1, who is alone the contesting party. Out of respondent nos.2 to 5, respondent no.3 is served. Service of notice to respondent nos.2, 4 and 5 is dispensed with.

2. For reasons stated in the application, the same is allowed.

MCA/10/2017 Delay in filing Civil Revision Application is condoned. Let Civil Revision Application be registered.

3. Civil Application is disposed of.

C. V. BHADANG, J.

SMA