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Bombay High CourtCA/675/2019disposed offdismissed for default

Santosh Ganpatrao Bankar And Another v. The Divisional Joint Registrar Co Operative Societies Aurangabad And Others

2019-01-18Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 969 CIVIL APPLICATION NO. 675 OF 2019 IN WRIT PETITION NO. 8426 OF 2018 WITH CIVIL APPLICATION NO. 723 OF 2019 IN WRIT PETITION NO. 8411 OF 2018 SANTOSH GANPATRAO BANKAR AND ANOTHER

VERSUS

THE DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES AURANGABAD AND OTHERS Advocate for Applicants : Mr. K.J. Suryawanshi. AGP for Respondent Nos. 1 to 3 : Mr. Mr. S.W. Munde. Advocate for Respondent No. 4 : Mr. S.R. Dheple. CORAM : RAVINDRA V. GHUGE, J.

Dated : 18.01.2019.

PER COURT :

1.

The applicants in both these applications pray for condonation of 97 days delay and further pray for restoration of the Writ Petition, which was dismissed on account of non removal of office objections.

2.

The learned AGP and the learned counsel appearing on behalf of the respondents oppose the applications. In the alternative, it is submitted that costs may imposed and the

said costs could be donated for the treatment of the poor patients.

3.

I have considered the averments set out in the applications and the submissions of the learned advocates. The delay is of only 97 days.

4.

As such, both these applications are allowed with costs the following directions :

(a) All office objections shall be removed on/or before 31.01.2019, failing which the petition would continue to stand dismissed for non removal of office objections.

(b) The applicant shall deposit costs of Rs. 500/- per application, with the Government Medical College and Hospital, Aurangabad, through Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft (Demand Draft be drawn in the name of "Dean, Government Medical College and Hospital, Aurangabad Dengi Samiti") and shall report compliance of this direction by producing a receipt of having deposited the amount, before the Registrar (Judicial) of this Court on/or before 31.01.2019.

(c) Only after the above stated directions are complied with, that both the Writ Petitions shall stand restored at the stage at which they were dismissed. Both these petitions would then be listed for admission on 12.02.2019.

( RAVINDRA V. GHUGE, J. ) S.P.C.