Smt. Sunanda Maruti Awati And Othrs v. Maharashtra State Road Transport Corporation And ANR

39.565.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.565/2019 in First Appeal No.207/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Bhushan Walimbe I/b. Preeti Walimbe for the Applicant CORAM: K.K.TATED, J.

DATED : OCTOBER 18, 2019 P.C.

Heard. None for the Respondent though duly served.

By this Civil Application the Applicant is seeking to set aside the conditional order dated 18.11.2014 passed by the learned Registrar (Judicial-II) by which the First Appeal stood dismissed against Respondent No.2.

The learned counsel for the Applicant undertakes to take appropriate steps within four weeks from today. The statement is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Basavraj G. Patil 1/2

39.565.19-caf.odt Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

Delay condoned.

b.

Order dated 18.11.2014 passed by the learned Registrar (Judicial-II) is set aside.

c.

First Appeal is restored to file against Respondent No.2.

d.

The Applicant to take appropriate steps for service on Respondent No.2 on or before 30.11.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

e.

The Civil Application stands disposed of accordingly.

f.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2