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Bombay High CourtIA/17389/2023allowed

Gauri Milind Khadtale v. Milind Pundlik Khadtale

2023-12-01Hon'Ble Shri Justice Abhay Ahuja2 pages

9-IA-17389-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17389 OF 2023 IN MISCELLANEOUS CIVIL APPLICATION NO.264 OF 2023 GAURI MILIND KHADTALE )...APPLICANT V/s.

MILIND PUNDLIK KHADTALE )...RESPONDENT Mr. Pratik P. Pawar, Advocate for the Applicant. None for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

1st DECEMBER, 2023.

P.C. :

1.

This is an interim application seeking to set aside the order dated 7th October, 2023 and to reinstate Miscellaneous Civil Application that came to be dismissed pursuant to a self operative order of this Court dated 7th October, 2023 for failure of the Applicant to supply copies of the application to the Registry.

2.

Mr. Pratik P. Pawar, learned counsel for the Applicant apologies for said failure to supply copies to the Registry and submits that due to the fault of the Advocate, the Applicant should not be penalized. Priya Soparkar 1/2 Digitally signed by PRIYA RAJESH SOPARKAR Date:

2023.12.02 11:20:16 +0530 PRIYA RAJESH SOPARKAR

9-IA-17389-2023.doc 3.

Having heard the learned counsel, let the dismissal of the Miscellaneous Civil Application be set aside. 4.

Let the Miscellaneous Civil Application be restored to file and be listed for hearing on 8th December, 2023 subject to payment of costs of Rs.1000/- to the Advocates Association of Western India by the next date. 5.

Interim Application accordingly stands allowed. (ABHAY AHUJA, J.) Priya Soparkar 2/2