Sahadev Dattaraty Nadawadekar And ORS. v. State Of Maharashtra And ORS.

504 caw1377-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1377 OF 2017 IN WRIT PETITION NO.3591 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.R.M.Haridas i/b Mr.S.S.Redij for the applicant Ms.Kirti Kulkarni, A.G.P. for the respondent nos.1 to 4 CORAM : K. K. TATED, J.

DATE : JUNE 27, 2017 P.C.:

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

By this Civil Application applicant is seeking to restore Writ Petition No.3591 of 2016 which stand dismissed for non-prosecution by order dated 19.6.2017.

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:

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504 caw1377-17 a) Order dated 19.6.2017 passed by this court is recalled.

b) Writ Petition No.3591 of 2016 is restored on file for hearing on its own merits.

c) Applicant to pay cost of Rs.750/-.

d) Cost to be deposited in the office of the Kirtikar Law Library, High Court, Bombay, within two weeks from today, failing which the matter shall stand dismissed without further reference to the court.

e) Civil application stands disposed off accordingly.

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