Yogesh B. Mehta v. The Municipal Corporation Of Greater Mumbai And 5 ORS.

1/2 (WP 1532 of 2013) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) No. 216 OF 2016 IN WRIT PETITION No. 1532 OF 2013 Yogesh B. Mehta ...Applicant In the matter between Yogesh B. Mehta

...Petitioner

Vs.

Municipal Commissioner of Greater Mumbai and Ors.

...Respondents

****** Mr.Kunal Bhanage for Applicant/Petitioner Mr.Sahil Saiyed i/b. Wadia & Ghandy & Co. for Respondent No.6 ****** CORAM : V. M. KANADE & M.S. KARNIK, JJ.

DATE : MARCH 17, 2016 P.C. :

1.

The writ petition was dismissed for want of prosecution on 15th March, 2016. The learned counsel for the Petitioner has mentioned the matter and made a request that the matter may be restored. We have asked the Petitioner to take out a separate notice of motion for restoration.

2/2 (WP 1532 of 2013) Accordingly the Petitioner has taken out a separate application for restoration. It is submitted that the counsel for the Petitioner was busy in another court when the matter was called out and therefore, could not remain present.

2.

We are satisfied with the explanation given by the learned counsel for the Petitioner and accordingly for the reasons stated in paragraphs 4 and 5 of the affidavit in support of notice of motion, the order dated 15th March, 2016 is recalled. Notice of motion is allowed in terms of prayer clause (a) and disposed of. Writ petition is restored to the file. Petitioner to get the notice of motion numbered during the course of the day. Office to place the writ petition on the admission board on 23rd March, 2016. M.S. KARNIK, J.

V.M. KANADE, J.