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Bombay High CourtCAW/2438/2014allowed

Mrs. Hirabai Narayan Mhatre, Through Constituted Attorney, Rajaram Pandurang Date v. State Of Maharashtra And ANR.

2015-01-05Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka2 pages

caw2438 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2438 OF 2014 IN WRIT PETITION NO.7347 OF 2013 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.B.M.Shaikh i/b Mr.H.V.Kumarswami for the Applicant Mr.A.I.Patel, AGP for the Respondent No.1.

CORAM : A.S.OKA, & A.K.MENON,JJ.

DATE : JANUARY 5, 2015.

P.C.

Heard the learned counsel for the applicant. In view of the averments made in paragraph 5 of the application, a case is made out for setting aside the order of the Registrar.

Accordingly, we allow the application in terms of prayer clauses (a) and (b). Time for payment of Bhatta for issuing notice to the respondent No.2 is extended by a period of three weeks from today. If Bhatta is not paid within stipulated time, Writ Petition shall stand dismissed for non prosecution without further reference

caw2438 to the Court.

If Bhatta is paid within stipulated time, notice of the Writ Petition be issued to the second respondent returnable on 3rd March 2015.

(A.K.MENON,J) (A.S.OKA,J.)