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Bombay High CourtCA/3802/2013disposed offdismissed for default

Nagesh Kishanrao Aundhekar v. The State Of Maharashtra

2017-08-28Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

CA 3802-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL. APPLICATION NO. 3802 OF 2013 IN WRIT PETITION NO. 9696 OF 2010 Nagesh Kisanrao Aundhekar ...PETITIONER

VERSUS

The State of Maharashtra ...RESPONDENT.

Mr R.R. Chandak, Advocate for petitioner.

Mr A.R. Borulkar, Asstt. Govt. Pleader for respondent sole. CORAM : R. D. DHANUKA & SUNIL K. KOTWAL, JJ.

Date:

28th August 2017 ORAL ORDER:

By this Civil Application, petitioner is seeking condonation of delay of 208 days in filing Civil Application seeking restoration of the Writ Petition No. 9696 of 2010, which is dismissed by order dated 13th July 2012 for want of prosecution. 2.

We heard learned Counsel for the applicant and Mr Borulkar, learned Assistant Government Pleader for the State Government.

CA 3802-2013 3.

Perusal of affidavit placed in support of the two applications has made out case for condonation of delay and for restoration of the Writ Petition. However, on a condition that applicant pays cost of Rs. 1000/- (Rs. Two thousand only) to the Bar Library, High Court Bench at Aurangabad, within two weeks from today and shall produce a copy of the receipt of payment of said cost to the Shirastedar of this Court, delay in filing Civil Application is condoned.

4.

Writ Petition No. 9696 of 2010 is restored to the file. 5.

Interim relief, if any, which was in force on the day of dismissal of the Writ Petition, is also restored to be in force. 6.

Place the Writ Petition on Board for admission after two weeks.

7.

Civil Application stands disposed of in aforesaid terms. ( SUNIL K. KOTWAL ) ( R.D. DHANUKA ) JUDGE.

JUDGE.

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