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Bombay High CourtCAW/2204/2016allowed

Gangadhar Narsayya Bandi v. M/S. Dental Products India Ltd. And ANR.

2016-08-24Hon'Ble Shri Justice R.M. Savant.2 pages

(7) caw­2204.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2204 OF 2016 IN WRIT PETITION NO.4146 OF 2016 Gangadhar Narsayya Bandi : Applicant.

In the matter between Gangadhar Narsayya Bandi : Petitioner.

versus M/s. Dental Products India Ltd. and anr.

: Respondents.

Mr. Rahul Oak i/by Mr. R B Nair for the Applicant. Mrs. Meena H Doshi for the Respondents.

CORAM :

R. M. SAVANT, J.

DATE :

24th August 2016 P.C.

The above Civil Application has been filed seeking restoration of the above Writ Petition which has been dismissed for non­prosecution on 11/07/2016 on account of non­appearance of the learned counsel appearing for the Petitioner on the said day.

The order dated 11/07/2016 records that the Petition was kept on the said day pursuant to the request made on behalf of the Petitioner's counsel, however, no appearance was put up on the said day i.e. 11/07/2016 resulting in the above Writ Petition being dismissed for non­prosecution. lgc

(7) caw­2204.16 The learned counsel appearing on behalf of the Respondent Mrs. Doshi opposes the above Civil Application on the ground that some mileage is sought to be drawn in the Labour Court before whom the part two proceedings are pending, by contending that the dismissal of the above Writ Petition is for non­prosecution.

Since the Petition has been dismissed for non­prosecution it would be just and proper to show a final indulgence to the Petitioner. The above Civil Application is accordingly allowed. The above Writ Petition is restored to file. On restoration the Writ Petition to be listed for admission on 31/08/2016, to be shown high on board. The learned counsel for the Applicant Shri Rahul Oak makes a statement that the matter would be proceeded with on 31/08/2016. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J] lgc