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Bombay High CourtIA/1560/2020disposed off

The Divisional Controller, M.S.R.T. Corp. Pune , Div. Pune v. Shri Dattatraya Ganpat Bankhele

2023-02-14Hon'Ble Shri Justice G. S. Kulkarni2 pages

Digitally signed by PRASHANT VILAS RANE Date:

2023.02.20 21:28:07 +0530 PRASHANT VILAS RANE Pvr 4-IA-1560-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1560 OF 2020 IN WRIT PETITION NO. 2574 OF 2017 The Divisional Controller ...Applicant

Versus

Dattatray Ganpat Bankhele

...Respondent

Mr. Manjeet Lotankar i/b Mr. Dhananjay Rananaware, for the Petitioner. Mr. Shyam N. Patole, for the Respondent.

Mr. C. D. Mali, AGP for the Respondent - State. _______________________

CORAM:

G. S. KULKARNI, J.

DATED:

FEBRUARY 14, 2023 _______________________ P.C.

1.

Heard learned Counsel for the applicant and learned Counsel for the respondent.

2.

The prayer in the present application is for setting aside an order dated 20 February 2018 passed by the Co-ordinate Bench of this Court wherein the petition has been dismissed for want of prosecution. It is seen from the said order that neither the petitioner nor the respondent had appeared. There is some delay in filing this application. In my opinion, the delay has been sufficiently explained.

3.

Having perused the averments as made in the application, it is in the interest of justice that the application is allowed. It is accordingly allowed in terms of prayer clauses (a), (b) and (c). The application stands disposed of in the above terms.

4.

List the petition for admission on 28 February, 2023. High on Board. ------------------------- 14 February 2023

Pvr 4-IA-1560-2020.odt 5.

In the meantime, if the respondent desires to place on record any reply affidavit, the same be placed on record and a copy of the same be also served on the Advocate for the petitioner.

(G. S. KULKARNI, J) ------------------------- 14 February 2023