Maharashtra State Electricity Distribution Company Limited v. M/S. Guruganga Cold Storage Pvt. Ltd. And ORS

caw-726-15-(21)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.726 OF 2015 IN WRIT PETITION NO.11137 OF 2012 Maharashtra State Electricity Distribution Co. Ltd. ..Applicant And Maharashtra State Electricity Distribution Co. Ltd. ..Petitioner Vs.

M/s. Guruganga Cold Storage Pvt Ltd.

..Respondent Mr. Ashish Singh i/b DSK Legal for the Applicant Mr. Ravindra Chile for the Respondent Nos.1 to 5 CORAM :

R. M. SAVANT, J.

DATE :

25th MARCH, 2015 P.C.

The above Civil Application has been filed for restoration of the above Writ Petition which has stood dismissed for non prosecution on account of the conditional order dated 26-8-2013 passed by the Registrar Judicial (I) of this Court. The said conditional order mandated the Applicant to pay bhatta charges within 4 weeks failing which the Writ Petition was to stand dismissed. In view of the default committed by the Applicant, the said order became operative and the Petition stood dismissed for non prosecution. The Applicant has mentioned the reasons for non filing of the above Civil Application. The sum and substance of the said reasons is that the Applicant was not aware of the conditional order dated 26-8-2013 passed by the Registrar Judicial (I) of this Court and it is only after going through the status that it became aware of the above Writ Petition being dismissed for non prosecution. The above Writ mmj

caw-726-15-(21) Petition was admitted by a learned Single Judge of this Court on 14-1-2013, however interim reliefs prayed for were rejected. The Learned Counsel appearing for the Respondent Nos.1 to 5 submits to the orders of the Court. Hence accepting the reasons mentioned in the above Civil Application, the same is allowed, resultantly the Writ Petition is restored to file. Since the Respondent Nos.1 to 5 are already represented, there is no necessity for the Petitioner to pay bhatta charges. In so far as the Respondent No.6 is concerned, in the context of the challenge raised in the above Petition, it is only a formal party. The Civil Application is accordingly disposed of. [R.M.SAVANT, J] mmj