Percy Jal Vakil v. The Maharashtra Housing And Area Development Authority And 2 ORS

4.490.15-nmw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.490/2015 IN WRIT PETITION NO.1937/1995 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Pinky Bhansali i/b. Mr. Akshay Vani for the applicant Mr. Vaibhav m. Parashurami for the respondent Nos.1 and 2.

CORAM : K. K. TATED, J.

DATE : DECEMBER 14, 2016 P.C.:

1.

Heard. Though the respondent No.3 is duly served, none appeared for them. The learned counsel for the applicant undertakes to file an Affidavit of service within a week. Undertaking is accepted.

2.

This Notice of Motion is for restoration of the Writ Petition which was dismissed for default by order dated 23.11.2015.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of the Basavraj G Patil 1/2

4.490.15-nmw Notice of Motion, I am satisfied that the Applicant has made out a case for allowing the Notice of Motion.

4.

Hence, the following order:

a) Order dated 23.11.2015 by which the Writ Petition stood dismissed for default, is recalled. b) Writ Petition No.1937/1995 is restored to file for hearing on merits.

c) The applicant is directed to intimate today's order to respondent No.3, in writing and file an Affidavit of service to that effect.

d) Notice of Motion stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2