Vishwas Vitthal Sultane v. Kailas Ramdas Dhangar

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.810 OF 2022 IN RC/418/2020 WITH CA/811/2022 IN RC/418/2020 VISHWAS VITTHAL SULTANE

VERSUS

KAILAS RAMDAS DHANGAR Mr.Y.G.Gujarathi, Advocate for the applicant. ( CORAM : BHARATI H. DANGRE, J.) DATE : JANUARY 31, 2022 PER COURT :

CIVIL APPLICATION NO.810/2022 1.

At the outset, the learned counsel for the applicant states that he will not press CA No.810/2022 since a similar relief is sought in CA No.811/2022. CA No.810/2022 stands disposed of. CIVIL APPLICATION NO.811/2022 2.

Heard the learned counsel for the applicant and perused the application.

On 09/03/2020, the registration of the writ petition came to be refused since the objections notified earlier by the Registrar (Judicial) khs/Jan.2022/810

- 2 - were not removed. The said order came to be passed on 09/03/2020 and an application is moved on 05/03/2021 seeking restoration of the petition by condoning the delay of 354 days . On perusal of the application, it reveals that the order was passed on 09/03/2020 and thereafter immediately lock down came to be imposed and therefore the objections could not be removed. However, it is pertinent to note that the application is filed nearly after an year and it was permissible for the learned counsel to take steps to remove the office objections and seeks its restoration. However, since the position of Law being well settled that the client shall not suffer for the mistake of his lawyer, subject to the learned counsel depositing an amount of Rs.5,000/- with the Advocate Associations' Bar Library, High Court, Aurangabad, within a period of 2 weeks from today and subject to the condition of removal of the office objections notified earlier, within the said period, the Registrar shall grant registration of the petition within a period of 4 weeks from today.

( BHARATI H. DANGRE, J.) khs/Jan.2022/810