Anil Nivritt Bugde v. Ramchandra B. Yadav And ORS.

osk 1-caw-1898-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1898 OF 2017 IN WRIT PETITION NO. 3419 OF 2017 Anil Nivritt Bugde ...

Petitioner V/s.

Ramchandra B. Yadav & Ors.

...

Respondents WITH CIVIL APPLICATION NO. 1899 OF 2017 IN WRIT PETITION NO. 3417 OF 2017 Anil Nivritt Bugde ...

Petitioner V/s.

Arun Bhaskar Ghadge & Ors.

...

Respondents Mr.Anil N. Bugde, Petitioner-in-person.

Mr.Deepak R. Kushwaha for Respondent Nos.1 & 3 in CAW/1898/17. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 8th JANUARY, 2018.

P.C. :

1] Learned counsel for the Petitioner Mr.Uday Warunjikar submits that, as the Petitioner is appearing in the matter in-person and he is also an Advocate, therefore his name be deleted from the record. Ordered accordingly.

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osk 1-caw-1898-2017.odt 2] Heard the Applicant, who is appearing in person, and learned counsel for the Respondents.

3] By these applications, the Applicant is seeking restoration of Writ Petition Nos.3417 of 2017 and 3419 of 2017, which came to be dismissed for default on 19th June, 2017 on account that the Applicant was absent on that day, when the matter was called out in the morning and also in the afternoon session.

4] The Applicant has submitted that on that day he was not keeping well and suffering from the viral fever, he has also produced on record a copy of the Certificate dated 18th June, 2017, issued by Doctor Mr.P.S. Karekar, Vashi, Navi Mumbai, to that effect. 5] In view thereof, though the applications are opposed on the ground that the order dated 19th June, 2017 do not mention this fact, in the interest of justice, these applications for restoration are allowed. 6] The order dated 19th June, 2017, dismissing the Writ Petitions is set-aside and both the Civil Writ Petition Nos.3417 of 2017 and 3419 of 2017 are restored to their original file. 7] Both the Applications are allowed and disposed of. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2