Gulistan Shah Saqlian Co-Op Housing Society Ltd., Mumbai v. M/S. Gazi Construction, Mumbai And ANR

201-IA-2148-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2148 OF 2024 Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2025.04.09 20:02:56 +0530 IN FIRST APPEAL NO. 1244 OF 2011 TALLE SHUBHAM ASHOKRAO Gulistan Shah Saqlian Co-Op Housing Society Ltd., Mumbai ...Applicant/ Org. Res. No. 1

IN THE MATTER BETWEEN

M/s. Gazi Construction & Anr.

... Appellants.

Versus

M/s. Gazi Construction, Mumbai And Anr

...Respondents

------ Mr. M. V. Holamagi for the Applicant.

None for the Respondents.

------ Coram : Sharmila U. Deshmukh, J.

Date : April 8, 2025.

P. C. :

1.

Interim Application has been preferred seeking recall of the order dated 29th November, 2023 refusing registration of the First Appeal and the Interim Application for non removal of office objection. 2.

Learned Counsel for the Applicant submits that inadvertently the office objections were not removed and therefore the Interim Application St. No. 25543 of 2023 came to be dismissed. 3.

As the inadvertence has occurred at the hands of the advocate on record, the litigant should not be made to suffer for the same.

Shubham Talle 1 of

201-IA-2148-2024.doc 4.

In light of the above, the order dated 29th November, 2023 is recalled subject to removal of office objection within a period of four weeks from today.

5.

Interim Application is allowed in the above terms. [Sharmila U. Deshmukh, J.] Shubham Talle 2 of