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Bombay High CourtIA/1018/2020disposed off

Kaivalyadham Shriman Madhava Yoga Mandir Samiti v. Kaivalyadham Employees Association

2022-06-28Hon'Ble Shri Justice G.S. Patel,Hon'Ble Shri Justice Madhav J. Jamdar2 pages

10-IA-1018-2020 IN LPA-138-2007.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1018 OF 2020 IN LETTER PATENT APPEAL NO. 138 OF 2007 IN WRIT PETITION NO. 4000 OF 2005 WITH WRIT PETITION NO. 4394 OF 2003 Kaivalyadham Shriman Madhava Yoga Mandir Smiti ...Applicant In the matter between Kaivalyadham Shriman Madhava Yoga Mandir Samiti ...Appellant

Versus

Kaivalyadham Employees Association

...Respondent

ARUN RAMCHNDRA SANKPAL Ms Karuna Yadav, i/b Meena Doshi, for the Applicant/Appellant. None, for the Respondent.

ARUN RAMCHNDRA SANKPAL Date: 2022.06.28 18:17:18 +0530

CORAM

G.S. Patel & V. G. Bisht, JJ.

DATED:

28th June 2022 PC:- 1.

The Interim Application seeks restoration of the Letters Patent Appeal No. 138 of 2007 and to set aside an order of 13th 28th June 2022

10-IA-1018-2020 IN LPA-138-2007.DOC November 2019 of a Division Bench of this Court by which the Letters Patent Appeal is dismissed for default. There is a delay of 42 days.

2.

None for the Respondent though served. The Affidavit of Service is taken on record.

3.

For the reasons set out in the Interim Application and particularly since the Advocate for the Appellant was in personal difficulty, we condone the delay and set aside the order of 13th November 2019 and restore the Letters Patent Appeal No. 138 of 2007 to file.

4.

The Advocate for the Appellant will give notice to the Respondent accompanied by an ordinary copy of this order. (V. G. Bisht, J) (G. S. Patel, J) 28th June 2022