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Bombay High CourtCAW/1586/2017dissmiss for defaultnonprosecution

Baban Ramchandra Khude (Since Decd) Through Lrs. Mrs. Shobha Baban Khude v. The General Manager, Ammunition Factory And ORS.

2018-10-29Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice A.S. Oka2 pages

caw1586.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1586 OF 2017 IN WRIT PETITION NO.9790 OF 2003 Baban Ramchandra Khude (since deceased through Lrs.) ...Applicant vs.

The General Manager, Ammunication Factory, Khadki, Pune & Ors.

...Respondents

Mr.Atul P. Vanarase for the applicant CORAM : A.S.OKA, & M.S.SONAK, JJ.

DATE : OCTOBER 29, 2018 P.C.:

This Civil Application is filed in the year 2014 for restoration of the Writ Petition of the year 2003 which was dismissed for non prosecution on 25th September 2012. Writ Petition was admitted and it was dismissed when it was called out for final hearing on 25th September 2012 when none appared for the Applicant. On the earlier date i.e on 10th October 2018, we had put the learned counsel for the applicant to notice that in the event he is willing to immediately argue the Writ Petition, this Court will restore the Writ Petition. The learned counsel for the applicant states- that he has not received any instructions from the applicant on the question whether she wants to prosecute the Writ Petition.

caw1586.doc As the learned counsel for the applicant has not received any instructions, we dispose of this application for non prosecution. In the event, the applicant is interested in prosecuting the Writ Petition, she can always apply for restoration of this application within a reasonable time.

(M.S.SONAK,J.) (A.S.OKA,J.)