← Library
Bombay High CourtCAW/2570/2017allowed

The Secretary, Medical Education And Drugs Department And ORS v. Dr. Shrikant Suresh Chandekar (Decd) Through Smt. Manish Chandekar

2017-11-21Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Smt. Justice V.K. Tahilramani2 pages

jdk 1 2.caw.2570.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2570 OF 2017 IN WRIT PETITION ST. NO. 13126 OF 2016 The Dean Grant Govt. Medical College, Mumbai .. Applicant

IN THE MATTER BETWEEN:

The Secretary, Medical Education and Drugs Department and Ors.

.. Petitioners Vs.

Dr. Shrikant Suresh Chandekar Since deceased by his widow Smt. Manish Chandekar .. Respondent ....

Mr. O.M.Kulkarni AGP Advocate for Applicant None for the Respondent ....

CORAM : SMT.V.K.TAHILRAMANI AND M.S.KARNIK, JJ.

DATED : NOVEMBER 21, 2017 P.C.:

Heard the learned AGP for the Applicant.

The applicant had preferred Writ Petition Stamp No. 13126 of 2016. On 9.12.2016 as per order of Registrar Judicial-I the applicant was granted four weeks' time to remove office objections, failing which, registration of Writ Petition (Stamp)

jdk 2 2.caw.2570.17.doc No. 13126 of 2016 shall stand dismissed. The office note dated 7.10.2017 shows that "as per above Registrar (Judicial-I) order, the advocate for the petitioner has not removed the office objections, within stipulated time, hence, the order dated 9.12.2016 stands and Writ Petition (Stamp) No. 13126 of 2016 shall stand dismissed for non-prosecution". Thus, the writ petition was dismissed for non-prosecution. The applicant is now seeking restoration of the said Writ Petition. In view of the averments made in the application and in the interest of justice, we are of the opinion that case is made out for restoration of the Writ Petition. Accordingly, the Writ Petition is restored to file. Four weeks' time is granted to remove office objections. Application is allowed in above terms. [ M.S.KARNIK, J.] [ SMT.V.K.TAHILRAMANI, J. ] kandarkar