The delay in filing the Notice of Motion was condoned. The order dismissing the appeal under Order VII Rule 11 CPC via Rule 986 was set aside, and the appeal was restored to the file for objections to be removed.
Notice of Motion disposed of; delay condoned; impugned order set aside; appeal restored to file.
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M nma 443 of 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.443 OF 2019
IN APPEAL (L) NO.216 OF 2017 IN CHAMBER SUMMONS NO.424 OF 2016 IN
SUIT NO.2546 OF 2012
Lina Y. Maneklal
… Appellant/Applicantversus
Ashutosh Y. Maneklal & Ors. …Respondents
Ms. Apurva Thipasy I/by Ms. Veena Advani, for Appellant.
CORAM:AKIL KURESHI &
S.J. KATHAWALLA, JJ.
DATE: 18th JULY, 2019
P.C.:
1. Not on board. Upon mentioning, taken on board.
2. Perused the Notice of Motion and the Affidavit in support thereto. For
reasons set out therein, the delay of 31 days in taking out the above Notice of Motion
is condoned; the order dated 18th January, 2019 passed by the Prothonotary and Senior
Master dismissing the above Appeal under Original Side Rule 986 is set aside and the
Appeal is restored to file. Objections to be removed within a period of one week from
today.
3. The Notice of Motion is accordingly disposed of.
( S.J.KATHAWALLA, J. )( AKIL KURESHI, J. )
SSP 1/1
1 issue framed by the court
Whether the delay of 31 days in filing the Notice of Motion should be condoned.
1 provisions across 1 enactments
Lina Y. Maneklal
Ashutosh Y. Maneklal & Ors.
Akil Kureshi
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court