Kinetic Engineering Limited v. Shri. Govind Vitthal Kamble

3 caw269-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.269 OF 2017 IN WRIT PETITION NO.2230 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.D.J.Bhanage for the applicant None for the respondent CORAM : K. K. TATED, J.

DATE : FEBRUARY 9, 2017 P.C.:

Heard the learned counsel for the applicant.

It is not necessary to issue notice to the respondent because by this Civil Application applicant is seeking to recall the order dated 1.8.2016 passed by this court by which the Writ Petition stands dismissed for want of prosecution. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Delay in preferring Civil Application is Mohite 1/2

3 caw269-17 condoned.

b) Order dated 1.8.2016 passed by this court in Writ Petition No.2230 of 2016 by which Writ Petition stands dismissed for want of prosecution is recalled.

c) Writ Petition No.2230 of 2016 is restored on file for hearing on its own merits.

d) Civil application stands disposed off accordingly.

JUDGE Mohite 2/2