On a notice of motion seeking restoration of a suit dismissed for want of prosecution, the High Court of Bombay allowed restoration based on affidavit support without altering costs.
Notice of motion made absolute; suit restored; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
14.nms.580.2014.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 580 OF 2014 IN
SUIT NO.3105 OF 2009
Kishan G. Hirani & Ors.
...Applicants/Plaintiffs
vs M/s Neeraj Constructions & Ors. ...Defendants
Mr Saripatta Sarnath i/b Ushajee Peri for the Plaintiffs. Mr Jayesh Mestry i/b RMG Law Associates for the Defendants
CORAM : S.C. GUPTE, J.
AUGUST 04, 2014
P.C. :
The Notice of Motion is taken out for restoration of the suit, dismissed for want of prosecution on 14 February 2014. Learned Counsel for the Defendants opposes the Notice of Motion.
2 For the reasons contained in the affidavit in support of the Notice of Motion, a case for setting aside the order of dismissal and restoration of the suit is made out. Accordingly, the Notice of Motion is made absolute in terms of prayer clause (a). There shall be no order as to costs.
( S.C.GUPTE J. )
Pg 1 of 1
1 issue framed by the court
Whether to restore a suit dismissed for want of prosecution.
Kishan G. Hirani & Ors.
M/s Neeraj Constructions & Ors.
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
