Application for restoration of appeal allowed as advocates for applicants were absent; impugned order dismissing appeal on that ground set aside to prevent hardship to applicants.
Application allowed in terms of prayer clauses (a) and (a-1) to restore the case for hearing.
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25caf-398.11
Ash
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 398 OF 2011 IN
APPEAL FROM ORDER NO.101 OF 2010
Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders.
Ushajee Peri i/by Shri Mihir Desai for the Applicants. Shri Jagdish G. Aradwad for Respondent No.1. Shri Suresh Gole for Respondent No.2. Shri A.R. Patil, AGP for Respondent No.4.
CORAM : A.S.OKA, J. DATE : 18TH MARCH, 2011
P.C.:
. Heard learned counsel appearing for the
Applicants and learned counsel appearing for the Respondent No.2, who has opposed the application. I have heard learned counsel appearing for Respondent No.1. The Appeal from Order has been dismissed as the Advocate for the Applicants was absent. Hence, the applicants cannot be allowed to suffer. Accordingly, a case for restoration is made out. Application is allowed in terms of prayer clauses (a) and (a-1).
(A.S.OKA, J)
1 issue framed by the court
Whether application for restoration of case can be allowed in the absence of advocate for applicants
Ushajee peri i/by Shri Mihir Desai
Respondent No.1
Respondent No.2
Respondent No.4
A.S. Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court