Mr. Mahesh Ramjilal Khandelwal v. Shri. Pravinn Jaywant Kute

24 caw939-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.939 OF 2016 IN WRIT PETITION NO.1893 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.D.M.Gupte for the applicant CORAM : K. K. TATED, J.

DATE : APRIL 20, 2016 P.C.:

Heard the learned counsel for the applicant.

This application is for restoration of Writ Petition No.1893 of 2016 which was dismissed for default by order dated 29.3.2016.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Order dated 29.3.2016 passed by this court is recalled.

b) Writ Petition No.1893 of 2016 is restored on Mohite 1/2

24 caw939-16 file for hearing and final disposal on its own merits.

c) Ad-interim protection granted by this court by order dated 1.3.2016 (Coram:R.M.Savant, J.) is restored.

d) Applicant is permitted to serve respondents in Writ Petition No.1893 of 2016 by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect. e) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2