Shri. Kishore Kashinath Surve v. The Superintendent, Gokuldas Tejpal Hospital

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2349 OF 2016 IN WRIT PETITION NO.7357 OF 2013 WITH CIVIL APPLICATION NO.2350 OF 2016 IN WRIT PETITION NO.7358 OF 2013 WITH CIVIL APPLICATION NO.2351 OF 2016 IN WRIT PETITION NO.7359 OF 2013 WITH CIVIL APPLICATION NO.2352 OF 2016 IN WRIT PETITION NO.7360 OF 2013 WITH CIVIL APPLICATION NO.2353 OF 2016 IN WRIT PETITION NO.7361 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Avinash H. Fatanfare for the applicant Mr.A.R.Metkari, A.G.P. for the respondent no.1 CORAM : K. K. TATED, J.

DATE : SEPTEMBER 8, 2016 P.C.:

Heard.

By these Civil Applications, applicant is seeking to recall the order dated 21.7.2016 passed 1/3

by this court (Coram: M.S.Sonak, J.) by which all these petitions stand dismissed for nonprosecution. The learned counsel for applicant submits that on 14.7.2016 as well as on 21.7.2016 advocate on record was held up in other matters. To this effect he has given explanation in paragraph 2 and 4 of Civil Application. He submits that in the interest of Justice, this Hon'ble Court be pleased to recall the order dated 21.7.2016 passed by this court and hear the matter on its own merits. He submits that because of mistake on the part of advocate, litigant should not suffer. He submits that they have good chance of success in all these matters.

Considering the submissions made by the learned counsel for the Applicant and the reason disclosed in paragraph 2 and 4 of Civil Application, I am satisfied that the Applicant has made out a case for allowing all these Civil Applications. But at the same time, they have to pay cost of Rs.1,000/- in each Civil Application. Cost to be deposited with the Kirtikar Law Library within three weeks from today. Hence, following order is passed: a) Order dated 21.7.2016 passed by this court is recalled.

b) Writ Petition Nos.7357 of 2013, 7358 of 2013, 7359 of 2013, 7360 of 2013 and 7361 of 2/3

2013 are restored on file for hearing on its own merits.

c) Applicant to deposit total cost of Rs.5,000/- with Kirtikar Law Library within three weeks from today, failing which all the Civil Applications shall stand dismissed without referring back to the court.

d) All Civil applications stand disposed off accordingly.

e) If cost is paid within stipulated time as stated hereinabove, office is directed to place all the Writ Petitions on board for admission on 30.9.2016. JUDGE 3/3