Janlaxmi Co. Operative Bank Ltd. v. Ninaidevi Sahakari Sakhar Karkhana Ltd. And ORS.

19.970.19-caw.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.970/2019 in Writ Petition No.744/2017 Janlaxmi Coop. Bank Ltd.

..... Applicant Vs.

Ninaidevi Sahakari Sakhar Karkhana & Ors.

..... Respondents Mr. D.R. Talekar for the Applicant Mr. Sarthak Diwan I/b. A. M. Kulkarni for Respondent No.1. Mrs. Madhura Kulkarni I/b. Deshmukh Bhogle Legal Associates for Respondent No.2.

Mrs. S. S. Bhende, AGP for Respondent Nos.3 and 4.

CORAM:

K.K.TATED & SARANG V. KOTWAL,JJ.

DATED :

DECEMBER 6, 2019 P.C.

Heard. By this Civil Application the Applicant is seeking to recall the order dated 05.10.2018 by which the Writ Petition stood dismissed for non prosecution. The learned counsel for the Applicant submits that on 05.10.2018 he was not keeping well. He has placed on record the medical certificate dated 04.10.2018 issued by Dr. A. A. Dahiwale.

Basavraj G. Patil 1/2

19.970.19-caw.odt Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, we are satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

a.

Order dated 05.10.2018 is recalled.

b.

Writ Petition is restored to file c.

The Civil Application stands disposed of accordingly.

d.

No order as to costs.

e.

The Writ Petition to come up on board, for final hearing, as per its turn.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) Basavraj G. Patil 2/2