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Bombay High CourtCAW/1939/2016allowed

Jitendra Anant Mhatre And ORS. v. Union Of India Through The Secretary And ORS

2017-06-09Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Smt. Justice V.K. Tahilramani2 pages

jdk 1 12.caw.1939.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1939 OF 2016 IN WRIT PETITION NO. 4900 OF 2007 Jitendra Anant Mhatre and Ors.

.. Applicants Vs.

Union of India and Ors.

.. Respondents ....

Mrs. S.A.Deshpande i/b Mr. A.I.Bhatkar Advocate for Applicant Mr. H.V. Mehta along with Mr. D.P. Singh Advocate for Respondent Union of India ....

CORAM : SMT.V.K.TAHILRAMANI AND SANDEEP K.SHINDE, JJ.

DATED : JUNE 09, 2017 P.C.:

Heard learned counsel for the applicant and the learned counsel for the respondents.

In this application, it is prayed that the order dated 28.6.2016 dismissing the petition for default, may be recalled and the writ petition be restored to file. In view of the

jdk 2 12.caw.1939.16.doc averments made in the application and in the interest of justice, we are of the opinion that the order dated 28.6.2016 needs to be recalled and the petition to be restored to file. Order accordingly.

Application is allowed in above terms. Office to place the writ petition for final hearing in regular course. [ SANDEEP K. SHINDE, J.] [ SMT.V.K.TAHILRAMANI, J. ] kandarkar