Palus Sahakari Bank Limited, Palus, Thru. Manager v. Shri Uday Jiwaji Kulkarni And ORS

1 cra562-17 .doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.562 OF 2017 Palus Sahakari Bank Ltd.

..Applicant.

V/s.

Uday J.Kulkarni & Ors.

..Respondents.

Mr.V.B.Rajure for the applicant.

Mr.Umesh Mankapure for respondents.

CORAM : M.S.SONAK, J.

DATE : APRIL 3, 2019 P.C.:­ Not on board. Upon mentioning taken on board. 2.

Mr.Rajure, learned counsel for the applicant mentioned the matter for speaking to the minutes of the order dated March 29, 2019. The speaking to the minutes cannot be accepted and is rejected. The rejection of the plaint can always be sought on the ground of failure to disclose cause of action in the plaint and not on the ground that there was failure to disclose the cause of action in the notice or that the notice was defective.

3.

The praecipe is rejected.

(M.S.SONAK, J.)