Smt. Sunanda Shantaram Yewale v. Secretary Goregaon Education Society And ORS

5. caw 3041.15.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3041 OF 2015 IN WRIT PETITION NO. 1145 OF 2013 Smt. Sunanda Shantaram Yewale .. Applicant In the matter of Smt.Sunanda Shantaram Yewale .. Petitioner Vs.

Secretary Goregaon Education Society and ors.

.. Respondents Mr.V.V.Joglekar a/w Mr.Talukdar i/b Mr.Manish Pabale, for the Applicant/ Petitioner.

Mr.P. P. Kakade, AGP for Respondent No.3 - State. CORAM : SHANTANU.S.KEMKAR & M.S.KARNIK, JJ.

DATE : 02nd SEPTEMBER, 2016 P.C. :

.

By filing this Civil Application, the applicant is seeking the restoration of Writ Petition No. 1145 of 2013 which was dismissed for non compliance of the order. 2.

Learned Counsel for the petitioner submits that 1/2

5. caw 3041.15.doc under bonafide mistake and keeping in mind that 3rd respondent is a formal party, the steps for service of notice on 3rd respondent was not taken. He submits that in the circumstances, as a result, the order being peremptory in nature, the Petition stood dismissed.

3.

For the reasons stated in the Civil Application supported by affidavit, we are satisfied that the delay in filing the Civil Application and the reasons stated for restoration appears to be just and sufficient so as to condone the same and restore the Writ Petition. As a result, we allow the Civil Application. Writ Petition No. 1145 of 2013 is ordered to be restored to its original number.

(M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.) 2/2