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Bombay High CourtNMW/168/2018absolute

Bharati Motiram Zope And 14 ORS. v. State Of Maharashtra And ANR

2018-03-23Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice A.S. Oka2 pages

nmw168 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.168 OF 2018 IN WRIT PETITION NO.2041 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Deven Jogdeo for the Applicant Mr.U.S.Upadhyay, AGP for State Ms K.H.Mastakar for the Respondent-MMC.

CORAM : A.S.OKA, & RIYAZ.I.CHAGLA,JJ.

DATE : MARCH 23, 2018 P.C.:

.

Not on board. Taken on board.

Heard the learned counsel appearing for the applicants. The Notice of Motion is opposed by the learned counsel for the second respondent. The learned AGP represents the first respondent. In view of the averments made in the affidavit in support and in particular in paragraph 4, a case for restoration of the petition which was dismissed for default on account of absence of the Advocate for the petitioner is made out.

nmw168 Accordingly, Notice of Motion is made absolute in terms of prayer clauses (a) and (b).

Place the petition under the caption of `Fresh Admission' on 17th April 2018. Adinterim relief which was operative till 17th January 2018, is restored which will continue till the next date.

We make it clear that undertakings submitted by the petitioners in terms of the order dated 13th July 2015 will continue to bind the petitioners.

(RIYAZ.I.CHAGLA,J.) (A.S.OKA,J.)