Nanda A.Bhavsar v. Rashtriya Bahu Uddeshiya Samaj Seva Mandal And ORS.

17-OSIA-347-2020 IN WP-1547-1999.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 347 OF 2020 IN WRIT PETITION NO. 1547 OF 1999 Nanda A Bhavsar ...Applicant In the matter between Nanda A Bhavsar

...Petitioner

Versus

Rashtriya Bahu Uddeshiya Samaj Seva Mandal & Ors

...Respondents

Ms Prachi Khandke, with Swati Chheda, for the Applicant. Mr Himanshu Takke, AGP, for the Respondent-State. SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2023.06.06 09:53:00 +0530

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

5th June 2023 PC:- 1.

The Interim Application is for restoration of the Writ Petition. Specifically, it seeks that an order of 15th June 2017 dismissing the Petition for default be set aside. The Interim Application for restoration was filed on 10th January 2020. As such there is no real explanation for the delay except to say in the Interim Application that the Petitioner was unaware of the progress of the matter and only learnt about it later.

5th June 2023

17-OSIA-347-2020 IN WP-1547-1999.DOC 2.

This is a very old Petition. We find from the handwritten farad order sheets that go back to 16th June 1999 that there is an order of admission of the Petition on 3rd December 1999. Interim relief was refused. A Notice of Motion No. 190 of 2001 that was separately filed was also later dismissed.

3.

It is only because the Petition was admitted and because the order of 15th June 2017 simpliciter dismisses it for default without any assessment of the Petition itself that we will exercise our discretion as an exceptional case and will restore the Writ Petition to file.

4.

The Interim Application is disposed of in these circumstances but with the added condition that if the Petitioner is absent on the next occasion, the Petition will be dismissed and will not thereafter be restored a second time.

5.

List the Petition for final disposal on a priority basis in the list of matters for final hearing commencing from 26th June 2023. (Neela Gokhale, J) (G. S. Patel, J) 5th June 2023