Bombay High Court
Bai Avabai Hormusji Tata Trust For ... vs Shernaz Faroukh Lawyer And 6 Ors on 6 December, 2022
Author: M.M.Sathaye
Bench: R.D.Dhanuka, M.M.Sathaye
2 ia 4529-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 4529 OF 2022
IN
APPEAL (L) NO. 37 OF 2019
Bai Avabai Homusji Tata Trust for
SNEHA Charitable objects ..Applicant
NITIN V/s.
CHAVAN Shernaz Furoukh Lawyer and Ors. ..Respondents
Digitally signed
by SNEHA ----
NITIN CHAVAN
Date: 2022.12.07 Ms. Mahima Shah i/b M/s. Intra Legal for the Applicant.
12:07:40 +0530
Ms. Naira Jeejeebhoy i/b M/s. DSK Legal for Respondent Nos. 1
and 2.
Mr. Manish Bohra i/b M/s. A.S. Khan and Associates for
Respondent Nos. 4 and 5.
Ms. Mansi Kaku for Respondent No.7 Administrator.
Mrs. S.S. Patil, Section officer, Court Receiver present.
----
CORAM : R.D.DHANUKA, AND
M.M.SATHAYE, JJ.
DATE : 6 DECEMBER 2022
P.C.
. This is an application filed by the Applicant seeking
condonation of delay and consequent order of restoration of appeal on the file. The appeal is dismissed for non removal of office objection.
2. We have heard learned counsel for the parties. For the reasons stated in the application, particularly paragraph 8, the Sneha Chavan page 1 of 2 2 ia 4529-22.doc delay is condoned and the appeal is restored to file, however on condition that the objections will be removed within a period of four weeks from today.
3. The Interim Application is allowed in terms of prayer clauses (a) and (b) subject to the condition that the office objections will be removed within a period of four weeks from today, failing which order of dismissal would stand.
4. If the objections are removed, the appeal will stand restored.
5. Interim application is disposed of accordingly. No order as to costs.
M.M.SATHAYE, J. R.D.DHANUKA, J.
Sneha Chavan page 2 of 2