Sudhakar Shankar Patil vs Madhukar Damodar Vyavahare And Others on 17 December, 2020

[Cites 0, Cited by 2]

Bombay High Court

Sudhakar Shankar Patil vs Madhukar Damodar Vyavahare And Others on 17 December, 2020

Bench: Prithviraj K. Chavan

                                                            2-Rejected Ccase No.616 of 2019.doc




            Shailaja


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                                   REJECTED CASE NO.616 OF 2019
                                               A/W
                                 INTERIM APPLICATION NO.01 OF 2019
                                               WITH
                                   REJECTED CASE NO.617 OF 2019


            Sudharkar Shankar Patil               ]    Applicant
                 Vs.
            Madhukar Damodar Vyavahare            ]
            and another.                          ]    Respondents

                                       .....
            Mr. Shantanu Chandratre i/b Khandeparkar & Associates, for
            Applicant.

            None for Respondents.
                                                .....

                                             CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 17th DECEMBER, 2020 (Through Video Conferencing) P.C.

1. An urgent praecipie is moved before this Court by the appellant/applicant seeking restoration of the matter which came to be dismissed by a self operative order passed by this Court on 11th March, 2020. This Court (Coram: S.C. Gupte, J.) on the said date passed the following order;

           Digitally signed by
Shailaja   Shailaja S.
S.         Halkude
           Date: 2020.12.17
Halkude    15:11:55 +0530


                                                                                         1 of 3

2-Rejected Ccase No.616 of 2019.doc "1. Interim Application No.1 of 2019 is for recall of a self operative rejection order passed by this Court on the Second Appeal for non- removal of office objections.

2. For the reasons stated, the application is allowed and the order of 15 July, 2019 is recalled and set aside.

3. The appellant shall now remove office objections within two weeks from today, failing which the Second Appeal shall stand dismissed without further reference to the Court. The Interim Application is disposed of accordingly".

2. By the said order, the appellant was directed to remove office objections within two weeks from 11th March, 2020. It is contended that in view of the outburst of Covid-19 pandemic, working hours of the Courts were restricted as well as Bench of five Judges of this Court has, from time to time, extended all the interim orders and stays. For the said reason, the appellant/applicant could not remove the office objections as directed by order dated 11th March, 2020.

2 of 3 2-Rejected Ccase No.616 of 2019.doc

3. The reason for not complying with the said order is satisfactory which needs no further justification. As such, for the reasons aforesaid, Second Appeal is restored to its original file. The appellant shall remove office objections within three weeks from today.

4. The praecipie is disposed of in the aforesaid terms.

5. Interim relief granted by this Court on 4th January, 2019 also stands restored and will continue to operate till the next date.

6. This order will be digitally signed by the Personal Assistant of this Court. All concerned shall act on production by fax or e-mail of a digitally signed copy of this order.

[PRITHVIRAJ K. CHAVAN, J.] 3 of 3

Unlock Advanced Research with PRISMAI

Bombay High Court