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Bombay High CourtCAW/288/2017allowed

Union Of India Through The Secretary Of The Govt. Of India And ANR. v. Shri. D.G. Parkhi And ORS.

2017-02-10Hon'Ble Shri Justice K.K. Tated2 pages

15.288.17-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.288/2017 IN WRIT PETITION NO.4891/2000 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Parshuram S. Gujar for the applicant CORAM : K. K. TATED, J.

DATE : FEBRUARY 10, 2017 P.C.:

1.

Heard. This application is made by the petitioner for restoration of the Writ Petition which wad dismissed for default on 24.11.2016.

2.

The learned counsel for the applicant submits that the respondents are duly served. He undertakes to file an Affidavit of service within a week. Statement is accepted.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G Patil 1/2

15.288.17-caw 4.

Hence, the following order:

a) Order dated 24.11.2016 passed by this court by which the Writ Petition stood dismissed is recalled.

b) The Writ Petition No.4891/2000 is restored to file for hearing on its own merits.

c) The petitioner to file an Affidavit of service within a week from today, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2