Vipul Dharod v. State Of Maharashtra And 4 Others

901 NMW 523-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORIDINARY ORIGINAL CIVIL JURISDICTION.

NOTICE OF MOTION NO. 523 OF 2015 IN WRIT PETITION NO. 2855 OF 2008 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Vipul Dharod, Applicant party in person.

Mr. Milind More, Add. G.P. for the respondent/State. None for Respondent no. 2.

CORAM : K. K. TATED, J.

DATED : 22/12/2015.

P.C.:

.

Heard Vipul Dharod, Applicant-Petitioner party in person and learned Addl. G.P. for the State. Applicant party in person submits that he already served the copy on all the Respondents stating that matter will appear before this Court today i.e. on 22.12.2015. To that effect, he has placed on record letter dated 21.12.2015 along with acknowledgment of Respondents. Inspite of service no one appeared on behalf of Respondent No.2. This Notice of Motion preferred by applicant for restoration of Writ Petition No. 2855 of 2008 Sneha Chavan 1/2

901 NMW 523-15=.doc which was dismissed on 10.12.2015 for default. Considering the submissions made by applicant party in person and averments made in affidavit in support of Notice of Motion, I am satisfied that applicant has made out case for restoration of Writ Petition.

Hence, following order is passed:

a) Order dated 10.12.2015 passed by this Court is recalled.

b) Writ Petition No. 2855 of 2008 is restored on file for hearing on its own merits. c) Applicant is directed to inform the other side about the restoration of the matter.

d) Notice of Motion stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2