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Bombay High CourtCAL/16/2016rejected

1. Shri Ashok Ramchandra Joshi v. Duyan Parasarak Shikshan Sanstha And ANR.

2016-12-01Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka2 pages

sng cal-16.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.16 OF 2016 IN LETTER PATENT APPEAL NO.304 OF 2008 IN WRIT PETITION NO.3514 OF 1990 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Ms. Prachi Khandge i/b Ms. M.P. Vashi & Associates for the Applicant. - CORAM :

A.S. OKA & SMT.ANUJA PRABHUDESSAI, JJ DATED :

1ST DECEMBER 2016 P.C.:

.

Heard learned counsel appearing for the applicant. This Application is for restoration of the Letters Patent Appeal filed by the Applicant which was dismissed by an order dated 17th November 2008. The Application proceeds on the footing that the Appeal has been dismissed for default. That is the specific case made out in Paragraph 3 of the Application.

sng cal-16.16 2.

Perusal of the Paragraph 2 of the order dated 17th November 2008 passed by a Division Bench of this Court shows that the Appeal has been dismissed not on the ground of default of appearance but on the ground that the same was not maintainable. Therefore, the present Application is not maintainable and the same is rejected.

( SMT.ANUJA PRABHUDESSAI, J) (A.S.OKA, J)