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Bombay High Court

Shriram Equipment Finance Company Ltd vs Waseem Shamim Shaikh And Another And ... on 12 September, 2018

Author: Riyaz I. Chagla

Bench: Riyaz I. Chagla

                                                28-29-CHS-170-171-2015.DOC




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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             ORDINARY ORIGINAL CIVIL JURISDICTION
                CHAMBER SUMMONS NO. 170 OF 2015
                              IN
              EXECUTION APPLICATION NO. 303 OF 2014

 Waseem Shamim Shaikh and Anr.                                ... Applicant
       In the matter between
 Shriram Equipment Finance Co. Ltd.                             ... Plaintiff
       Versus
 Waseem Shamim Shaikh and Anr.                            ... Defendants

                CHAMBER SUMMONS NO. 171 OF 2015
                              IN
              EXECUTION APPLICATION NO. 400 OF 2014

 Waseem Shamim Shaikh and Anr.                                ... Applicant
       In the matter between
 M/s. Religare Finvest Limited                                  ... Plaintiff
       Versus
 Waseem Shamim Shaikh and Anr.                            ... Defendants


 Ms. Juhi Bhogale, I/b M/s. O.M. Gujar Law Chambers for Plaintiff /
 Claimant.
 Mr. Ashok B. Mishra, for the Defendants / Respondents.

CORAM: RIYAZ I. CHAGLA J.

                               DATE:    12TH SEPTEMBER, 2018.
 PC:-

1. The learned counsel for the Plaintiff refers to the order dated 27th July, 2018 passed by this Court, wherein it was recorded that the Chamber Summonses be kept under the caption of dismissal on 3rd August, 2018. She submits that the Applicants have not been appearing in these proceedings and hence the Chamber Summonses accordingly be dismissed. 1/2 ::: Uploaded on - 14/09/2018 ::: Downloaded on - 15/09/2018 01:08:42 :::

28-29-CHS-170-171-2015.DOC

2. I have perused the order dated 27th July, 2018. None appeared for the Applicants on that date when the matter was directed to be kept under the caption of dismissal on 3rd August, 2018. The Chamber Summonses have thereafter come up today. None appears today. Accordingly, the Chamber Summonses are dismissed for non-prosecution.

3. After the completion of the matters on board, the learned counsel appears for the Applicants and seeks recall of the above order of dismissal of the Chamber Summonses for non- prosecution passed earlier today on the ground that he was unable to reach the Court in time.

4. Accordingly, I recall the above order of dismissal of the Chamber Summonses for non-prosecution. The Chamber Summonses are stood over to 19th September, 2018.

( RIYAZ I. CHAGLA J. ) 2/2 ::: Uploaded on - 14/09/2018 ::: Downloaded on - 15/09/2018 01:08:42 :::