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Bombay High CourtCA/3516/2011admittedallowedgrantedrule absolute

Abba Hassan Abdul Shakur And Another. v. M.S.R.T.C.,Thro.Divisional Controller.

2017-11-13Hon'Ble Shri Justice K. K. Sonawane1 pages

1 54-CA-3516-11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 54 CIVIL APPLICATION NO. 3516 OF 2011 IN FA/710/1994 ABBA HASSAN ABDUL SHAKUR AND ANOTHER.

VERSUS

M.S.R.T.C.,THRO.DIVISIONAL CONTROLLER.

...

Advocate for Applicants : Ms. A N Ansari.

Advocate for Respondents :Mr. D.S. Bagul - Absent CORAM : K.K. SONAWANE, J.

DATED : 13th NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for applicants. None appears for respondent -MSRTC.

2.

Perused the application and relevant documents produced on record. For the reasons stated in the application, there is no impediment to restore the appeal to its original stage, in the interest of justice. Hence, application stands allowed in terms of prayer clauses "B" and "C". The delay stands condoned. The order dated 23-11-2010 dismissing the appeal in default is hereby quashed and set aside. The registry to take requisite steps for further process and list the appeal for final hearing on merit as expeditiously as possible preferably in the week commencing from 8th January, 2018.

[ K. K. SONAWANE ] JUDGE MTK