Ankit Ashok Patil v. The Shivkrupa Sahakari Pathpedhi Ltd. And ANR.

29.CAW-1643-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application NO. 1643 OF 2019 IN Writ Petition NO. 6468 OF 2018 Ankit Ashok Patil ...Applicant

IN THE MATTER BETWEEN

Ankit Ashok Patil ..Petitioner

Versus

The Shivkrupa Sahakari Pathpedhi Ltd.

And Anr.

...Respondents

....

Ms. Neha Parte i/b. Mukesh Dongare, Advocate for the Applicant. ....

CORAM : K.K. TATED & SARANG V. KOTWAL, JJ.

DATE : 22nd NOVEMBER, 2019 P.C.

1.

Heard learned Counsel Ms. Neha Parte for the applicant. 2.

By this Civil Application, the applicant is seeking to recall the order dated 13.12.2018 passed by this Court in Writ Petition No.6468/2018 by which the same stands dismissed for non prosecution. 3.

Learned Counsel for the applicant submits that on 13.12.2018, there was leave note of Advocate on record.

4.

Considering the submissions made by learned Counsel for the applicant and the averments made in Civil Application, we are satisfied that the applicant has made out a case for allowing Civil Application, but, 1 / 2

29.CAW-1643-19.odt at the same time, the applicant has to pay costs of Rs.3,000/-. Hence, the following order :

(a) Delay in filing the application is condoned. (b) Order dated 13.12.2018 is recalled.

(c) Writ Petition No.6468/2018 is restored on file for hearing on its own merits.

(d) The applicant to pay costs of Rs.3,000/-. (e) Costs be deposited in Kirtikar Law Library, High Court, Main Building, Mumbai on or before 13.12.2019 and place on record the receipt to that effect, failing which Civil Application shall stand dismissed without referring back to court. (f) Civil Application is disposed of accordingly. (SARANG V. KOTWAL, J.) (K.K. TATED, J.) Deshmane (PS) 2 / 2