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Bombay High Court

Neil Kirit Somaiya vs Karia Mukesh Gelabhai And Ors on 6 February, 2019

Author: K.K. Tated

Bench: K.K. Tated

                                                        pr23 wpst23410-18.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                  WRIT PETITION (ST.)NO.23410 OF 2018


 Neil Kirit Somaiya                                     .. Petitioner

          V/s.

 Karia Mukesh Gelabhai and Ors.                         .. Respondents

Mr.Jinish Shah I/b M/s.Divya Shah Associates for the Petitioner CORAM: K.K. TATED, J DATED : FEBRUARY 6, 2019 P.C. :

1 Heard.
2 Advocate for the petitioner filed praecipe dated 06.02.2019 for fixing early date of hearing. He submits that by this Writ peition they are challenging the order dated 12.07.2018 passed by court below rejecting their application under Order VII Rule 11 of the Code of Civil Procedure, 1908.
3 Considering the submission made by the learned counsel for the petitioner and as impugned order is dated July, 2018, following order is passed:
a. The petitioner is directed to remove all office objections on or before 08.03.2019, failing which the writ petition shall stand Mohite 1/2 ::: Uploaded on - 08/02/2019 ::: Downloaded on - 08/02/2019 22:46:33 ::: pr23 wpst23410-18.doc dismissed without further reference to the court.
b. The Petitioner is directed to serve the Respondent along with entire proceedings by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect on or before 22.03.2019.
c. If Affidavit of service is filed within stipulated time as stated hereinabove, office is directed to place the matter on board on 08.04.2019, else, as per CMIS date.

(K.K. TATED, J.) Mohite 2/2 ::: Uploaded on - 08/02/2019 ::: Downloaded on - 08/02/2019 22:46:33 :::