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Bombay High CourtCAW/1899/2016rejected

C. B. Rane v. Union Of India And ORS

2017-08-22Hon'Ble Smt. Justice V.K. Tahilramani,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

osk 9-caw-1899-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1899 OF 2016 IN WRIT PETITION NO. 1922 OF 2014 C.B. Rane ...

Applicant V/s.

Union of India & Ors.

...

Respondents • Ms.Deepali Kamble for the Applicant.

• Mr.D.A. Dubey a/w. Mr.Rajinder Kumar for the Respondent No.1 (UOI).

CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 22nd AUGUST, 2017.

PER COURT :

1] Heard learned counsel for the Applicant and learned counsel for Respondent No.1 (UOI).

2] The Applicant is seeking restoration of Writ Petition No.1922 of 2014 which was dismissed by order dated 27th April, 2016. 3] The learned counsel for the Applicant contended that the said Writ Petition was dismissed for default as none was present for the Petitioner on the date when the order was passed. The learned 1/2

osk 9-caw-1899-2016.odt counsel for the Respondent pointed out that the said contention is not correct and the petition has also been dismissed on merits. On going through the order dated 27th April, 2016, we find that the contention of the learned counsel for the Respondent appears to be correct. Hence, we are not inclined to allow this application and restore Writ Petition No.1922 of 2014.

4] In view of the above facts, the Application is rejected. (DR. SHALINI PHANSALKAR-JOSHI, J.) (SMT. V.K. TAHILRAMANI, J.) 2/2