Disposed

The National India Development Co.Ltd. v. Harishchandra S.Sharma and Anr.

Bombay HC19 Jul 2006CAF/707/2005

Case brief

AI extract

What is this about?

The High Court of Bombay, in an interim civil application under Civil Appeal No. 707 of 2005, disposed of the matter by making the rule absolute. The grant was conditional upon removing office objections within eight weeks, with a threat of dismissal if the condition fails.

What did the court decide?

Rule made absolute subject to removal of office objections within eight weeks, with a warning of dismissal for non-compliance.

The National India Development Co.Ltd. Vs… — Civil Procedure and Limitation | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FARAD CONTINUATION SHEET
CIVIL APPLICATION NO.707 OF 2005

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IN

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FIRST APPEAL ST.NO.37176 OF 1999

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 .............................................................
 Office Notes,Office

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 memorandum of Coram,

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 appearances,Court’s
 orders or directions
 & Registrar’s orders.

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Court’s or
Judge’s orders

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CORAM: A.S.OKA, J.
DATED: JULY 19, 2006.

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P.C.:

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1. Heard Advocate for the Applicant and
the Advocate for the Appellant in the
First Appeal. The Advocate for the
Appellant states that the notice of this
Application is duly served to the
Respondent in the First Appeal. The
learned Advocate for the Appellant has no
objection for grant of prayer clause (b).
Appeal has been dismissed for non
prosecution due to failure of the original
Appellant to remove office objections.
The office objections were not removed by
the Appellant obviously because the
Appellant has no subsisting interest in
the matter. Hence, a case for restoration
is made out.

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2. Civil Application is disposed of by
passing the following order :

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i) Rule is made absolute in term of prayer
clauses (a) to (c) subject to the
condition that all office objections in
the First Appeal will be removed within a
period of 8 weeks from today. If office
objections are not removed within
stipulated period, Application will stand
dismissed for want of prosecution without
further reference to the Court and order
of dismissal of the Appeal will stand.

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Judge.

The National India Development Co.Ltd. v. Harishchandra S.Sharma and Anr.

Case brief

What is this about?

What did the court decide?

The National India Development Co.Ltd. v. Harishchandra S.Sharma and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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