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Bombay High CourtCA/3459/2016disposed offdismissed for default

Chandrakant Shivlal Gavade And Another v. The State Of Maharashtra And Others

2016-03-17Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora1 pages

{1} ca345916.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3459 OF 2016 IN WRIT PETITION NO.10598 OF 2014 Chandrakant s/o Shivlal Gavade & another Applicants

Versus

State of Maharashtra & others Respondents Mr.S.N.Rodge, advocate for applicants.

Mr.S.B.Pulkundwar, A.G.P. for Respondents No.1 & 2. Mr.S.G.Jadhavar, advocate for Respondents No.3 & 4. CORAM : R.M.BORDE & P.R.BORA, JJ.

Date : 17th March, 2016 PER COURT:

This is an application for recall of bailable warrant issued against applicants i.e. Respondents No.5 & 6 in the writ petition. As a consequence of failure of the concerned officers to cause appearance in the matter, this Court directed issuance of bailable warrant by an order dated 02.02.2016.

It is pointed out by the applicants that in fact the Education Officer as well as Chief Executive Officer are represented. However, appearance purshis for Respondents No.5 & 6 was not presented, as a result of which, bailable warrant came to be issued. Since concerned Respondents have caused appearance in the matter, we do not deem it necessary to serve bailable warrant for securing presence of concerned officers before the Court. Hence, order passed by the Division Bench of this Court on 02.02.2016 stands recalled.

Civil Application stands disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE