Bombay High CourtCAW/1381/2017

Sadashiv Narayan Jadhav v. Mr. Madhukar Bhagwan Rakshe And ORS

2017-07-04Hon'Ble Shri Justice K.K. Tated2 pages

14 caw1381-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1381 OF 2017 IN WRIT PETITION (ST) NO.1778 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Pinku Bhansali i/b Mr.Ketan Chotani for the applicant CORAM : K. K. TATED, J.

DATE : JULY 4, 2017 P.C.:

Heard the learned counsel for the applicant.

This application is for setting aside the order dated 5.5.2014 passed learned Registrar (JudicialI) by which Writ Petition (ST) No.1778 of 2013 stand dismissed for non removal of office objections.

The learned counsel for the applicant submits that because of personal difficulty on the part of advocate on record, it remained on their part to remove all office objections. In support of this contention, the learned counsel for the applicant relies on paragraph nos.4, 5 and 6 of Civil Application.

Considering the submissions made by the learned counsel for the Applicant and the Mohite 1/2

14 caw1381-17 averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. But at the same time, applicant have to pay cost of Rs.10,000/-. In view of above mentioned facts, following order is passed:

a) Delay in preferring Civil Application is condoned.

b) Order dated 5.5.2014 passed by learned Registrar (Judicial-I) is set aside.

b) Writ Petition (ST) No.1778 of 2013 is restored on file.

c) The applicant is directed to remove all office objections within four weeks, failing which the Civil Application shall stand dismissed without further reference to the court.

d) Applicant to pay cost of Rs.10,000/-.

e) Cost to be deposited in the office of the Kirtikar Law Library within two weeks from today, failing which the matter shall stand dismissed without further reference to the court.

f) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2