Shri. Pratap Vishnu Ghatge And ORS v. The Saraswat Co-Op. Bank Ltd, Through General Manager

16.3014.16-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3014/2016 IN WIT PETITION NO.130/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Kuldeep U. Nikam for the Applicant Ms. Janaki Kadam i/b. Sujeet P. Salkar for the Respondent No.1.

CORAM : K. K. TATED, J.

DATE : JANUARY 10, 2017 P.C.:

1.

Heard. This is an application for restoration of the Writ Petition which was dismissed for default by order dated 03.05.2016.

2.

The learned counsel for the applicant submits that because of change of the Advocate, it remained on their part to attend the matter on 25.04.2016 and 03.05.2016 when the matter was on board. In support of this contention, he relies on paragraph 4 of the Civil Application. He submits that in the interest of justice, this Hon'ble Court be pleased to recall the order dated 03.05.2016 and matter be heard on merits. He submits that the applicant has good chance of success in the matter.

Basavraj G Patil 1/2

16.3014.16-caw 3.

The learned counsel for the respondent submits that they have no objection if the Civil Application is allowed.

4.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as the advocate for the respondent has no objection for allowing the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

5.

Hence, the following order:

a) Order dated 03.05.2016 passed by this court (Coram : S. C. Gupte, J. ) is recalled.

b) The Writ Petition No.130/2016 is restored to file for hearing on merits.

c) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2