Mina Of India v. Union Of India And 2 ORS.

nmw419 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.419 OF 2017 IN WRIT PETITION NO.3303 OF 1988 M/s.Mina of India ...Applicant vs.

Union of India and ors.

...Respondents

Ms Rekha P. Safari for the applicant Mr.Prakash Jetly a/w Mr.J.B.Mishra for the respondent CORAM : A.S.OKA, & RIYAZ I. CHAGLA,JJ.

DATE : SEPTEMBER 25, 2017 P.C.:

Heard the learned counsel appearing for the applicant and the learned counsel for the respondents. The files of the main writ petition have been misplaced. Therefore, by order dated 20th July 2017, the applicant was directed to file on record true copies of the pleadings on leader papers along with copies of the orders of the Court, if any, passed in the writ petition. As the said order dated 20th July 2017 was not complied with, the writ petition was dismissed for non prosecution.

In the affidavit in support of this Notice of Motion for restoration in paragraph 7, the applicant has stated thus:

"7 ...I am also prepared and undertake to give two sets of petition and reply on the

nmw419 ledger paper with court orders within four weeks from the date of restoration."

In view of the aforesaid undertaking, a case is made out for restoration of the writ petition. Accordingly, we pass the following order:

(I) Undertaking of the applicant in paragraph 7 quoted above is accepted;

(II) In view of the said undertaking, the order dated 4th August 2017 is set aside aside subject to condition of the applicant complying with the aforesaid undertaking within a period of four weeks from today;

(III) If compliance is made with the undertaking within stipulated period, the Prothonotary and Senior Master will take immediate steps to reconstruct the files of the writ petition;

(IV) As soon as the reconstruction of files is made, the writ petition shall be listed on weekly board; (V) On failure of the applicant to comply with the undertaking within stipulated period, the order of dismissal of the writ petition will stand;

(VI) Notice of Motion is disposed of on above terms. (RIYAZ I. CHAGLA,J.) (A.S.OKA,J.)