Rujay Shelestin Ludrik (Through His C.A. Peter Rujay Alias Rosario Ludrik Alias Rodrigues) v. Prabhakar @ Prakash Anant Arolkar

11.cas 163.15.sxw ingale

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.163 OF 2015 IN R.C. NO. 294 OF 2014 Rujay Shelestin Ludrik through his C.A.

Peter Rujay alias Rosario Ludrik Alias Rodrigues .. Applicant Vs.

Prabhakar @ Prakash Anant Arolkar and another .. Respondents None for the Applicant.

Mr.Vinay M.Bhate, Advocate for the Respondent No.2. CORAM :

R. G. KETKAR, J.

DATE : 17th APRIL, 2015 P.C. :

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None appears for the applicant. Heard Mr.Vinay M.Bhate, learned Counsel for respondent No.2. 2.

This is an application for recalling the order dated 05/02/2014 after condoning the delay of 250 days in filing the application. By order order dated 05/02/2014, Civil Application No. 1978 of 2012 was dismissed for want of prosecution. Consequently, Second Appeal also stood disposed of. For the reasons stated in the application, I am satisfied that applicant has made out a sufficient cause for allowing Civil Application. Hence, Civil Application is allowed in terms of prayer clause (a). Second Appeal along with Civil Application are restored to the file of this Court. 1/2

11.cas 163.15.sxw Learned Counsel for the applicant shall serve proceedings on the other side.

(R. G. KETKAR, J.) 2/2