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Bombay High CourtCAF/4842/2016

The Principle,Willingdon College Of Deccan Society And ANR. v. The Government Of Maharashtra And ORS.

2017-06-05Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

4-caf-4842-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4842 OF 2016 IN CIVIL APPLICATION (ST.) NO.2094 OF 2014 IN FIRST APPEAL NO.318 OF 2003 The Principal, Willingdon College, Sangli and Another ...Applicants In the matter between The Principal, Willingdon College, Sangli and Others ...Appellants vs.

The Government of Maharashtra and Others

...Respondents

Mr. R.M. Pethe, for the Applicants.

Ms. Anamika Malhotra, AGP for Respondent Nos. 1 and 2. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE :

JUNE 05, 2017 P.C.:

.

Parties through their counsel.

2.

Heard learned counsel on Civil Application No. 4842 of 2016 seeking restoration of Civil Application (St.) No. 2094 of 2014/Rejected Case No. 1592 of 2014 and to recall the order dated 5th September, 2014.

3.

The learned counsel for the Applicant submits that due to inadvertence the office objection could not be removed within time as a result in view peremptory order dated 5th September, 2014 Vishal Parekar 1/2

4-caf-4842-2016.doc passed by the Registrar (Jud.-II), the Civil Application (St.) No. 2094 of 2014 suffered dismissal. He submits that now in view of the order passed today allowing the amendment in the cause title of the First Appeal No. 318 of 2003, the office objection stands removed. He therefore prayed that the order dated 5th September, 2014 be recalled and Civil Application (St.) No. 2094 of 2014 be ordered to be restored.

4.

Having considered the submissions made by learned counsel for the parties and having gone through the averments made in the Civil Application, we are of the view that the Civil Application No. 4842 of 2016 deserves to be allowed. Accordingly, we allow the Civil Application and restore the Civil Application (St.) No. 2094 of 2014 to its original number.

5.

The Civil Application No. 4842 of 2016 is accordingly disposed of.

(M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2