M/S. Ramchandra Vitthal Dongre v. Mumbai Agricultural Produce Market Committee And ORS.

17 caw877-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.877 OF 2017 IN WRIT PETITION NO.8975 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Vishwajeet V. Mohite for the applicant Ms.Priyanka Bhadrashete i/b Mr.A.B.Kadam for the respondent no.1 Mr.Uday B. Nighot for the respondent no.5 Mr.S.D.Rayrikar, A.G.P. for the respondent nos.6 and 7 CORAM : K. K. TATED, J.

DATE : JUNE 13, 2017 P.C.:

Heard the learned counsel for the parties.

This application is for restoration of Writ Petition No.8975 of 2014 which stand dismissed for non-prosecution by order dated 30.6.2016 passed by learned Registrar (Judicial-I).

The learned counsel for the applicant submits that present Writ Petition No.8975 of 2014 pertains to single Judge. He submits that on 14.9.2016 learned Registrar (Judicial-I) passed order in other connected Writ Petition No.8959 of 2014 which was pertaining to Division Bench Mohite 1/2

17 caw877-17 directing petitioner to provide second set of petition. He submits that when the present petition No.8975 of 2014 is pertaining to single Judge, there is no question of providing second set. Hence, order passed by learned Registrar (JudicialI) dated 30.6.2016 is required to be set aside. Considering the submissions made by the learned counsel for the Applicant and prayer clause (a) and (b), liberty granted to the applicant if they so desire to prefer appropriate application for prayer clause (c) and that be decided on its own merits. Hence, following order is passed:

A) Civil Application is allowed in terms of prayer clause (a) and (b) which reads thus:

"(a) That this Hon'ble Court be pleased to quash and set aside the order dated 30.6.2016 passed by the learned Counsel for the Registrar (Judicial-I), annexed at Exhibit-"C". (b) That this Hon'ble Court be pleased to condone the delay if any caused in filing the present Civil Application in the interest of Justice."

B) Liberty granted to the applicant if they so desire to prefer appropriate application for prayer clause (c) and that be decided on its own merits. C) Civil application stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2