Bombay High Court
Gsb Capital Markets Ltd vs Sagarmal Doshi on 3 January, 2020
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
1 5-chol 747-19 in exa 111-03
psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER ORDER NO.747 OF 2019
IN
NOTICE OF MOTION (L.) No.2256 OF 2017
IN
EXECUTION APPLICATION NO.111 OF 2003
GSB Capital Market Ltd. ..Applicant
Versus
Sagarmal Doshi ..Respondent.
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Mr.Dinesh Guchiya for Applicant.
Ms.Uma Sharma i/b. Dharam & Co. for Respondent.
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CORAM : G.S. KULKARNI, J.
DATE : 3rd JANUARY, 2020
P.C.:
Heard learned Counsel for the applicant and learned Counsel for the respondent.
2. Learned Counsel for the respondent has vehemently opposed this chamber order stating that the conduct of the applicant in pursuing the proceedings needs to be taken into consideration. She has referred to an order dated 9 October 2017 passed by this Court (K.K. Tated, J.) when the applicant had failed to appear and this Court had dismissed the application for non prosecution. She has also referred to an order dated 10 September 2018 passed by this Court (G.S. Patel, J.) on a bunch of matters, whereby the Court had directed that the office objections be removed. According to learned Counsel for the respondent, the applicant is not diligent in pursuing these proceedings.
3. Having perused the affidavit in support of the chamber order and having heard learned Counsel for the parties, it is in the interest of justice that ::: Uploaded on - 03/01/2020 ::: Downloaded on - 04/01/2020 03:05:01 ::: 2 5-chol 747-19 in exa 111-03 the applicant need not suffer for the earlier lapses and last opportunity is granted to the applicant to pursue the present proceedings. The applicant shall now diligently pursue the proceedings. The chamber order is accordingly allowed. It is separately signed.
4. Necessary steps be taken by the applicant within two weeks from today, failing which the application shall stand automatically dismissed without further reference to the Court.
[G.S. KULKARNI, J.] ::: Uploaded on - 03/01/2020 ::: Downloaded on - 04/01/2020 03:05:01 :::