← Library
Bombay High CourtCAW/2427/2016disposed off

Sou. Savitra D. Chavan And ANR. v. Branch Manager, Shivshakti Sahakari Credit Society Ltd. Shivthar And ORS.

2017-09-21Hon'Ble Shri Justice B.P. Colabawalla2 pages

3.caw.2427.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2427 OF 2016 IN WRIT PETITION NO. 362 OF 2013 Sou Savitra D. Chavan and Another ..Applicants/..Petitioners Vs.

Branch Officer and Others ..Respondents Mr. Ramesh Tripathi , for the Applicants/Petitioners. Mr. S. R. Ghanavat i/b Mr. V. S. Talkute, for Respondent Nos.1 and 2.

Mrs K. R. Kulkarni, AGP, for Respondent No.5. CORAM :- B. P. COLABAWALLA, J.

DATE :- SEPTEMBER 21, 2017.

P. C.:

In this Civil Application, leave is granted to delete Respondent No.3 as he has been wrongly joined. This Civil Application has been filed to recall the order dated 16th August, 2016 under which the present Writ Petition was dismissed for default. Thereafter, this Civil Application has been filed for restoration of the Writ Petition on 23rd August, Aswale 1/2

3.caw.2427.16 2016. Since the Civil Application has been filed almost immediately and sufficient explanation has been given in the Civil Application for non-appearance on 16th August, 2016, the order dated 16th August, 2016 dismissing the Writ Petition is hereby set aside and Writ Petition No.362 of 2013 is restored. Place the Writ Petition for admission on 5th October, 2017.

Civil Application is disposed of in the aforesaid terms. ( B. P. COLABAWALLA, J.) Aswale 2/2