Shree Manohar Harichandra Mali And ORS. v. The State Of Maharashtra Thr. The Secretary And ORS.

30 can2-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2 OF 2019 IN CONTEMPT PETITION (ST.) NO.6531 OF 2018 Manohar Harichandra Mali .. Applicant V/s.

The State of Maharashtra .. Respondent Mr.Vilas N. Mali for the applicant

CORAM:

K.K. TATED, J DATED :

MARCH 1, 2019 P.C. :

Heard.

By this Civil Application Applicant is seeking restoration of Contempt Petition (ST) No.6531 of 2018 which stands dismissed in view of conditional order dated 30.07.2018. The learned counsel for the Applicant submits that inadvertently it remained on their part to take appropriate steps to remove all office objections within time.

Applicant undertakes to remove all office objections on or before 30.03.2019. He submits that in the interest of Justice, this Hon'ble Court be pleased to restore Contempt Petition on record Mohite 1/2

30 can2-19.doc for hearing on its own merits.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as Applicant undertakes to remove all office objections on or before 30.03.2019, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order: a.

Delay in filing Civil Application is condoned. b.

Order dated 30.07.2018 passed by learned Registrar (Judicial-II) is set aside.

c.

Contempt Petition (St.)No.6531 of 2018 is restored on file for hearing on its own merits.

d.

Applicant to remove all office objections in Contempt Petition (ST) No.6531 of 2018 on or before 30.03.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

e.

Civil application stands disposed off accordingly. f.

No order as to costs.

(K.K. TATED, J.) Mohite 2/2