Shri. Viresh Mehta And ORS. v. Smt. Sunanda S. Patil And ORS.

Nisha Sandeep Chitnis Sandeep Chitnis Date: 2018.10.09 15:27:17 +0530 1/2 13-can.86.2018.doc nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.86 OF 2018 (FOR RESTORATION) IN CONTEMPT PETITION NO.340 OF 2012 IN WRIT PETITION NO.3016 OF 2012 Viresh Mehta and Ors.

...Applicants

IN THE MATTER BETWEEN

Viresh Mehta and Ors.

...Petitioners

Versus

Sunanda S. Patil and Ors.

...Respondents

Mr.P.K.Kochar, for the Applicants/Petitioners. Mr.A.B.Desai, for the Respondent Nos.1 to 3.

CORAM : REVATI MOHITE DERE, J.

DATE : 8th OCTOBER, 2018 P.C. :

1.

Heard the learned counsel for the parties.

2.

By this application, the applicants seek recall of the order dated 4th July, 2018, passed by this Court (Coram:R.D.Dhanuka,J.) in Contempt Petition No.340 of 2012 in Writ Petition No.3016 of 2012, and

2/2 13-can.86.2018.doc prays for restoration of Contempt Petition No.340 of 2012, which came to be dismissed, as none was present on behalf of the petitioners. 3.

Learned Counsel for the Respondent Nos.1 to 3 opposes the Application and submits that no ground is made out for recall of the order dated 4th July, 2018.

4.

Perused the application. For the reasons set out in the application, in particular paragraphs 3 to 6, the application is allowed. The order dated 4th July, 2018, is recalled and Contempt Petition No.340 of 2012, is restored to file.

5.

The Application is accordingly disposed of.

6.

Contempt Petition No.340 of 2012 filed in Writ Petition No.3016 of 2012, to be listed for 'admission' on 28th November, 2018. (REVATI MOHITE DERE, J.)