← Library
Bombay High CourtCA/5211/2019admittedallowedgrantedrule absolute

Suchita Ashok Khedkar v. Sumit Ashok Khedekar

2019-04-18Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5211 OF 2019 (Suchita Ashok Khedkar Vs Sumit Ashok Khedkar) IN MISC.CIVIL APPLICATION NO.62 OF 2019 Mr.M.G.Patil h/f Mr.Girish Nagori, Advocate for the applicant. ( CORAM : Ravindra V.Ghuge, J.) DATE : 18/04/2019 PER COURT :

1.

The learned Advocate for the applicant submits that after this Court passed an order on 19/03/2019, the learned Advocate passed on the message to the applicant to prepare the paper book so that it could be delivered to the Registry of this Court. 2.

The above stated submission is quite strange. However, for the mistake committed by the Advocate, a litigant should not suffer. 3.

The Registry has dismissed MCA No.62/2019 for non supplying of the copy of the paper book for issuance of notice to the respondent.

4.

Considering the above, this civil application is allowed with the khs/APRIL 2019/5211-d

- 2 - following directions :- [a] An amount of Rs.500/- shall be deposited by the applicant as costs, with the Government Medical College and Hospital, Aurangabad, through Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft (Demand Draft be drawn in the name of "Dean, Government Medical College and Hospital, Aurangabad Dengi Samiti"), on or before 02/05/2019. [b] All office objections in the MCA shall be removed on or before 29/04/2019.

[c] Copy of the paper book shall be supplied on or before 29/04/2019.

[d] If the first direction is not complied with, the order of the Registry disposing off the MCA shall not be recalled. [e] If the directions at clause "B" and "C" are not complied with, this order shall stand recalled and the order of the Registry shall be brought into effect without reference to the Court on 30/04/2019. [f] If the directions at clause "A", "B" and "C" are complied with, issue notice to the respondent, returnable on 28/06/2019 and the ad-interim protection, granted earlier, would continue. ( Ravindra V.Ghuge, J.) khs/APRIL 2019/5211-d