Disposed

Laxmi Ashish Industrial Premises Co-Op Soc. Ltd. v. Laxmi Industrail Estate and Othrs

Bombay HC13 Feb 2015CAF/4638/2013

Case brief

AI extract

What is this about?

The High Court restored two First Appeals on file and extended a two-week timeframe for the applicant to file the required private paper book, granting relief by dismissing the restoration applications if the filing is not completed.

What did the court decide?

First Appeals restored; two weeks extended for filing private paper book; applications dismissed if order not complied with.

Laxmi Ashish Industrial Premises Co-Op Soc… — Civil Procedure and Limitation | Bombay HC (2015)

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17 caf 4638-13=.doc

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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION.

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CIVIL APPLICATION NO. 4638 OF 2013 IN FIRST APPEAL NO. 1853 OF 2011 WITH CIVIL APPLICATION NO. 4639 OF 2013 IN

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FIRST APPEAL NO. 1854 OF 2011

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Office Notes, Office Memoranda of Coram, Appearances, court’s orders or directions and Registrar’s orders

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Court’s or Judge’s orders

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Mrs. Laxmi Murli i/b Laxmi Murli & Asso. for the applicant.

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Mr. R.A. Thorat, Sr. Counsel i/b K.P. Mali for the respondent no.2.

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Ms. Meghna Rajadhakshya i/b Khaitan & Co. for respondent nos. 4, 6 & 8.

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Mr. Sushil Upadhyay i/b A.M. Saraogi for respondent no.7.

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CORAM : K. K. TATED, J. DATED : 13/02/2015.

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P.C.:

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. Heard learned Counsel for the parties.

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2 These applications are preferred by defendant

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for restoration of First Appeal nos. 1853 of 2011 and 1854 of 2011, which were dismissed in view of conditional order dated 10.03.2011 passed by this Court directing applicant to file private paper book within one year.

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3 The learned Counsel for the applicant submits

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Sneha Chavan

17 caf 4638-13=.doc

that the private paper book is ready. She undertakes to file the same within two weeks from today.

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4 Considering the submissions made by learned counsel for the applicants, and as the applicants have given undertaking that they are ready and willing to file private paper book within two weeks from today, I am satisfied that applicant has made out the case for allowing the civil application.

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5 Hence, the following order.

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a) First Appeal no. 1853 of 2011 and First Appeal no. 1854 of 2011 are restored on file.

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b) Two weeks time is extended from today to comply the order dated 10.03.2011 i.e. filing of private paper book, failing which civil applications shall stand dismissed without referring back to the court .

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c) Both Civil Applications disposed of accordingly.

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(K.K.TATED, J.)

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Sneha Chavan

Laxmi Ashish Industrial Premises Co-Op Soc. Ltd. v. Laxmi Industrail Estate and Othrs

Case brief

What is this about?

What did the court decide?

Laxmi Ashish Industrial Premises Co-Op Soc. Ltd. v. Laxmi Industrail Estate and Othrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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