Mahadeo Bandu Chavan v. The Kolhapur Sugar Mills Ltd.

AS 503 caw 1065-17=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1065 OF 2017 IN WRIT PETITION NO. 1071 OF 2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Kishor Patil for the Applicant.

Mr. Sandesh Shukla i/b Abhay Navegi & Asso. for the Respondent.

CORAM : K. K. TATED, J.

DATED : 28/04/2017 P.C.:

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Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

This application is for restoration of Writ Petition No. 1071 of 2010.

In the present proceedings, the Writ Petition stands dismissed for default by order dated 23.12.2016.

The learned Counsel for the Respondent submits that they have no objection if the Writ Petition is restored.

Sneha Chavan 1/2

AS 503 caw 1065-17=.doc Considering the submissions made by learned counsel for the applicant, averments made in civil application and as the learned Counsel for the Respondent has no objection, I am satisfied that applicant has made out the case for allowing the civil application.

Hence, following order is passed:

a) Order dated 23.12.2016 passed by this Court is recalled.

b) Writ Petition No. 1071 of 2010 is restored on file for hearing on its own merits. c) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2