Shri Ganesh Balwant Malwankar v. Government Of Maharashtra Through Additional Chief Secretary And ORS

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2207 OF 2016 IN WRIT PETITION NO.1531 OF 2016 Ganesh Balwant Malwankar ....

Applicant In the matter between Ganesh Balwant Malwankar ....

Petitioner

Versus

Government of Maharashtra, Through the Additional Chief Secretary, Home Department, Mantralaya, Mumbai and Ors.

....

Respondents Mr. Suresh A. Malkani for the Applicant.

Mr. Vishal Thadani, A.P.P., for the Respondent-State. CORAM : SMT. V.K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 13TH SEPTEMBER, 2017.

P.C. :

1.

Heard learned counsel for the Applicant and learned A.G.P. for all the Respondents.

2.

This is an application for restoration of Writ Petition No.1531 of 2016, which was dismissed for default on 5th July 2016. The Petition came to be dismissed on 5th July 2016 as none had appeared on 1/2 CAW-2207-16.doc

behalf of the Petitioner. In the present application, it is prayed that the said order dated 5th July 2016 be set aside and the Writ Petition No.1531 of 2016 be restored to file.

3.

In view of the averments made in the application and in the interest of justice, we are of the opinion that Writ Petition No.1531 of 2016 ought to be restored to file. Accordingly, order dated 5th July 2016 is set aside and Writ Petition No.1531 of 2016 is restored to file.

4.

Application is allowed in above terms.

5.

Place Writ Petition No.1531 of 2016 for admission on 13th November 2017.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [ SMT. V.K. TAHILRAMANI, J.] 2/2 CAW-2207-16.doc