Notice of motion to recall and set aside a dismissal order for want of prosecution. Court notes absence of plaintiff's advocate is medically explained. Order made absolute.
Notice of motion made absolute; suit to appear on board for directions.
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nms 89-2015.doc
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sat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO. 89 OF 2015 IN SUIT NO. 288 OF 2002
Chandrakant Vadilal Shah …Plaintiff / Applicant vs. Maker Tower H Co-op.Hsg.Society Ltd. & Ors. ....Defendants
Mr.Akshay Kolse Patil i/b. Jyoti Badgujar for Plaintiff.
CORAM : S.C. GUPTE, J.
18 FEBRUARY 2016
P.C. :
The notice of motion is taken out for recall and setting aside of an order dismissing the suit. The suit was dismissed on 20 June 2014 for want of prosecution. The absence of the Plaintiff's advocate is adequately explained in the affidavit filed in support of the notice of motion. The Plaintiff's advocate was seriously unwell when the matter was before the court and even thereafter. The medical reports and record in this behalf are produced with the affidavit.
2 Though the Defendants have been duly served with the notice of motion, none appears for the Defendants to show cause.
3 The notice of motion is, accordingly, made absolute in terms of prayer clause (a). The suit to appear on board for directions on 11 March 2016.
(S.C. Gupte, J.)
sat 2/2 nms 89-2015.doc
Chandrakant Vadilal Shah
Maker Tower H Co-op.Hsg.Society Ltd.
S.C. Gupte
As recorded by the court registry
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