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Bombay High CourtCAW/1732/2017allowed

Union Of India, Through Director General, Dept Of Posts, India And ORS v. Shri. Abhay Digambar Pawaskar

2018-07-04Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Smt. Justice V.K. Tahilramani2 pages

9a. caw 1732-17.doc RMA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1732 OF 2017 IN WRIT PETITION NO. 5723 OF 2013 The Union of India & Ors.

..

Applicants

Versus

Abhay Digamber Pawaskar ..

Respondent ...................

Appearances Mr. Parag Vyas Advocate for the Applicants Mr. Sanjay C. Prabhu Advocate for the Respondent ...................

CORAM : SMT. V.K. TAHILRAMANI, Acting C.J. & M.S. SONAK, J.

DATE : JULY 4, 2018.

P.C.:

1.

Heard both sides.

2.

This is an application for condonation of delay in preferring Civil Application taken out for restoration of Writ Petition No. 5723 of 2013 which was dismissed for default on 1.12.2016.

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9a. caw 1732-17.doc 3.

According to the learned counsel for the applicants, the delay is only of 40 days, however, according to the learned counsel for the respondent, the delay is of 60 days. In our opinion, in view of the averments made in the application and in the interest of justice even if delay is of 60 days, delay is required to be condoned. Accordingly, delay is condoned. 4.

The application is allowed in the above terms. [ M.S. SONAK, J ] [ ACTING CHIEF JUSTICE ] Digitally signed by Ravindra Mohan Amberkar Date:

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