Bombay High CourtCA/4284/2020disposed offdismissed for default

Ex. Engineer, Irrigation Project Strengthing (Majbutikaran) Division, Omerga Thr Mkvdc Pune And ORS v. Venkat Gopinath Surwase And ANR

2020-08-14Hon'Ble Shri Justice V.L. Achliya4 pages

- 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.4280 OF 2020 IN RC/492/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

SAHEB GANPATI GARAJE WITH CIVIL APPLICATION NO.4281/2020 IN RC/495/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

GAJENDRA MANIK GARAJE WITH CIVIL APPLICATION NO.4282/2020 IN RC/494/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

KERBA GANPATI GARAJE WITH CIVIL APPLICATION NO.4283/2020 IN RC/493/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

KISHAN LAXMAN MURAME THROUGH LRS. KUSUM KISHAN MURAME =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- AND 919 CIVIL APPLICATION NO.4284 OF 2020 IN RC/496/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

VENKAT GOPINATH SURWASE AND ANOTHER WITH CIVIL APPLICATION NO.4285/2020 IN RC/498/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

HARIBA JAIRAO GARAJE

- 2 - WITH CIVIL APPLICATION NO.4286/2020 IN RC/497/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

KISHAN TULSHIRAM GARAJE THROUGH LRS MADHUKAR KISHAN GARAJE WITH CIVIL APPLICATION NO.4287/2020 IN RC/499/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

SANJAY VINAYAK GARJE WITH CIVIL APPLICATION NO.4288/2020 IN RC/500/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

INDUMATI TULSIRAM JADHAV WITH CIVIL APPLICATION NO.4289/2020 IN RC/501/2020 EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHING (MAJBUTIKARAN) DIVISION, OMERGA

VERSUS

RAVAN VISHWANATH GARJE =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. Sham B. Patil, Advocate for applicants in all civil applications. .....

CORAM: V.L. ACHLIYA, J.

DATE: 14.08.2020 PER COURT :

1] The applicants have moved these applications seeking recall of order dated 15.1.2020 passed by this Court dismissing the matters consequent to default in supply of spare copies for service

- 3 - to respondents.

2] It is submitted that the applicants were of the order passed in the matters. The Advocate engaged in the matters has not taken proper steps. As soon as the applicants came to know about the order passed, they have engaged services of another Advocate and moved these applications seeking recall / setting aside of the order. It is submitted that the applicants have good case to succeed in appeals. In case the orders in these matters are not recalled, serious prejudice would be cause to applicants - acquiring body.

3] On due consideration of the submissions advanced in the light of facts pleaded, I am of the view that the applications seeking recall / setting aside of order dated 15.1.2020 deserve to be allowed in the interest of justice. No prejudice would be caused to other side if applications are allowed as ultimately the proceedings are at preliminary stage. The notices are yet to be served to respondents. Learned counsel for the applicants undertakes to supply copies within two weeks.

4] The applications are allowed in terms of prayer clause (B) in respective applications subject to furnishing copies within two weeks. The order dated 15.1.2020 passed in these matters is set aside. The matters are restored to fle. In case copies are supplied

- 4 - within two weeks, notices be issued to respondents returnable on 9.10.2020.

5] Civil applications for recall / setting aside of order dated 15.1.2020 are disposed of in above terms.

(V.L. ACHLIYA, J.) ndk/c148201.doc