Shwalkar Developers Ltd. Thr Vice ... vs Sidartha Sinha S/O. Pratap Sinha ...
2017 Latest Caselaw 3654 Bom

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  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            NAGPUR BENCH, NAGPUR

                     WRIT PETITION NO.1255 OF 2016


M/s. Shewalkar Developers Limited,
through its Vice President,
Shri Shabbir s/o Ahmed Khan,
Aged about 54 years, Occ. Service,
Regd. Office at Shewalkar Arcade,
West High Court Road, Laxmi Bhawan Square,
Dharampeth, Nagpur.                                           .... Petitioner

       -- Versus -

01]    Sidartha Sinha s/o Pratap Sinha,
       Aged about 57 years, Occ. Service,
       R/o 171, Shraddhanandpeth,
       Near Bank of Baroda, Nagpur.

02]    Pramod s/o Harishankar Bhargava,
       Aged about 72 years, Occ. Business,
       R/o 146, Ramdaspeth, Nagpur.

03]    Rajiv s/o Pramod Bhargava,
       Aged about 47 years, Occ. Business,
       R/o 146, Ramdaspeth, Nagpur.

04]    Shivshankar s/o Babulal Khemuka,
       Aged about 72 years.

05]    Kiran w/o Shivshankar Khemuka,
       Aged about 62 years.

       Above respondent nos.4 and 5 are r/o
       c/o Yash Kemka, Flat No.301, 3rd Floor,
       Yash Heights, Near Das Jwellers,
       North Ambazari Road, Nagpur.

06]    Sarladevi Parasrampura,
       Aged about 61 years.




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07]    Manju w/o Ashok Parasrampura,
       Aged about 59 years.

       Above respondent Nos.6 to 7 are r/o
       146,, Ramdaspeth, Nagpur.                               .... Respondents


Shri S.P. Dharmadhikari, Senior Advocate with
Shri S.O. Ahmed, Advocate for the Petitioner.
Shri P.N. Kothari, Advocate for Respondent Nos.4 & 5.


                CORAM           : KUM. INDIRA JAIN, J.

                DATE            : JUNE 27, 2017.


ORAL JUDGMENT :-

Rule. Rule made returnable forthwith.

02] Heard Shri S.P. Dharmadhikari, learned Senior Counsel

for petitioner and Shri P.N. Kothari, learned Counsel for

respondent nos.4 and 5.

03] Challenge in the petition is to the order dated

30/10/2015 passed by learned Joint Civil Judge Senior Division,

Nagpur below Exh.176 in Special Civil Suit 543/1999 allowing

application by respondent nos.4 and 5 for setting aside 'no cross'

order passed on 21/09/2013.

04] It is not in dispute that suit was dismissed in default

on 08/08/2008. It was restored thereafter and after restoration,

no notice was issued to defendant nos.4 and 5. Considering this

fact, opportunity was granted to defendant nos.4 and 5 and

order of 'no cross' was set aside.

05] In view of the observation, particularly in paragraph 4

of the impugned order, this Court does not find any jurisdictional

error. Hence, no interference is warranted in writ jurisdiction.

Writ Petition No.1255/2016 stands dismissed.

Rule is discharge with no order as to costs.

*sdw                                        (KUM. INDIRA JAIN, J.)