← Library
Bombay High CourtCAW/1551/2016allowed

City And Industrial Development Corporation v. Union Of India And ORS

2017-09-14Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

YBG prod­506­as­caw­1551­16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1551 OF 2016 IN WRIT PETITION NO.12546 OF 2015 City and Industrial Development Corporation .. Applicant

IN THE MATTER BETWEEN:

City & industrial Development Corporation .. Petitioner -VersusUnion of India and Ors.

..Respondents Mr. G.S.Hegde with ms. P.M.Bhansali for petitioner/ applicant Mr. Suresh Kumar for respondent No.1.

CORAM

:

SHANTANU S. KEMKAR & ANUJA PRABHUDESSAI, JJ.

DATE :

14th September 2017.

P.C.

By filing this civil application, the applicant is seeking restoration of writ petition No.12546 of 2015, which suffered dismissal for non compliance of the order dated 12th February 2016. Since there is delay of about 113 days in filing the application, a prayer has been made to condone the same and allow the application.

YBG prod­506­as­caw­1551­16 2] Having gone through the averments made in the application seeking condonation and also having gone through the reasons for non compliance with the peremptory order within the time stipulated, we are satisfied that the delay has been satisfactorily explained and we are also satisfied that there was sufficient cause for non compliance with the order within time.

3] In these circumstances, we allow the civil application and order restoration of the writ petition to its original position. Office objections be now removed within two weeks. List the matter on 3rd October 2010, subject to removal of office objections. (ANUJA PRABHUDESSAI, J) (SHANTANU S. KEMKAR, J)