Jagruti W/O Sadashiv Gaisamudre And Others v. Sanghamitra W/O Uday Tupare

1 CriApln 1777/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1777 OF 2017 Jagruti W/o Sadashiv Gaisamudre & Ors.

Applicants V E R S U S Sanghamitra W/o Uday Tupare Respondent Mr. M.U. Shelke, Advocate for the Applicants Mr. P.K. Ippal, Advocate, holding for Mr. S.J. Salunke, Advocate for the Respondent CORAM : V.L. ACHLIYA, J.

DATE : 26TH JULY, 2017 ORDER :

1.

The applicant has moved this application seeking setting aside order of dismissal of Writ Petition and restoration of the petition for the reasons set out in the application.

2.

In nutshell, it is the contention of learned counsel for the petitioners that on 24th March, 2017 and 27th March, 2017 the counsel representing applicants could not attend the Court. He had filed

2 CriApln 1777/17 leave-note to that effect with the Registry. Due to his absence, the petition came to be dismissed. He therefore urged to set aside the order and restore the petition.

3.

On the other hand, the learned counsel for the respondent submits that no sufficient cause has been assigned for absence on 24th March, 2017 and 27th March, 2017.

4.

Considering the submissions advanced, I am of the view that, in the larger interest of Justice, application deserves to be allowed. Application is allowed in terms of prayer clauses 'B' and 'C'. Writ Petition is restored on its original number.

( V.L. ACHLIYA, J. ) SRM/26/7/17