The Court allowed a notice of motion to restore a commercial appeal previously dismissed for the appellant's lethargy in rectifying defects, permitting the appeal to be heard on merits.
Notice of Motion (Lodg.) No. 536 of 2019 allowed; Commercial Appeal (Lodg.) No. 56 of 2019 restored for hearing.
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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (Lodg.) NO. 536 OF 2019 IN COMMERCIAL APPEAL (Lodg.) NO. 56 OF 2019
Narinder Pal Agarwal …Applicant/Appellant
V/s.
Saraswat Co-operative Bank Ltd. & Anr.
... Respondents.
Mr. R.D. Soni a/w. R.C. Dhurv I/b. Law Competere Consultus for the Appellant/Applicant
Mr. Bhupesh V. Samant for the Respondent No.1.
CORAM : PRADEEP NANDRAJOG,C.J. & N.M. JAMDAR, J.
DATE : 10 JUNE 2019.
P.C. :-
Noting lethargy on the part of the Appellant in rectifying
the defects notified by the Registry resulting in Commercial Appeal
(Lodg.) No. 56 of 2019 been dismissed, we allow the application for
the reason it would be advisable to decide the Appeal on merits by
allowing Notice of Motion (Lodg.) No. 536 of 2019 and restore
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Commercial Appeal (Lodg.) No. 56 of 2019 for hearing.
Narinder Pal Agarwal
Saraswat Co-operative Bank Ltd.
Pradeep Nandrajog
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
