Bombay High CourtCA/3815/2018disposed offdismissed for default

Ambadas Jivanrao Deshmukh v. The State Of Mahrashtra And ORS

2018-03-23Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K. K. Sonawane2 pages

{1} CA 3815.18.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3815 OF 2018 IN CIVIL APPLICATION NO.3986 OF 2014 IN WRIT PETITION NO.9690 OF 2010 Ambadas S/o Jivanrao Deshmukh Applicant

Versus

The State of Maharashtra and others Respondents Mr.V.P. Golewar advocate for the applicant Mr.A.B. Girase, Govt. Pleader for Respondents _______________ CORAM : R.M. BORDE & K.K. SONAWANE, JJ (Date: March 23rd, 2018) PER COURT :- The writ petition presented by the applicant has been dismissed for want of prosecution by order dated 13.7.2012 by the division bench of this Court. An application bearing Civil Application No.3986/2014 presented by the applicant, seeking recall of the said order has also been rejected in view of the conditional order passed by this Court on 15.1.2018 and on account of failure of the applicant to remove the office objections. The instant application is presented, seeking recall of the order passed in CA No.3986 of 2014.

Heard.

{2} CA 3815.18.odt For the reasons recorded in the application, the application deserves to be allowed, however, subject to deposit of costs of Rs.10,000/- with the Library Committee of the Advocates Bar Association, High Court of Judicature Bombay, Aurangabad bench within a period of four weeks from today. On condition of the applicant's complying with the direction in respect of payment of amount to the Library Committee, the conditional order passed by this Court on 15.1.2018 stands recalled. The Civil application No.3815/2018 as well as 3986/2014 are thus allowed. The Writ Petition No.9690/2010 is also restored to its original position. The applicant shall comply with the office objections in the Writ Petition within a period of four weeks from today. On deposit of copies, notices shall be issued to respondents returnable on 4.5.2018.

Government Pleader appears on behalf of respondent No.1. On failure of applicant to comply with the directions in respect of supply of copies and removal of office objections in Writ petition No.9690/2010, the instant order passed today, shall be deemed to have been recalled.

(K.K. SONAWANE, J) ( R.M. BORDE, J ) vbd