Shivaji Sitaram Mokase And Others v. The State Of Maharashtra And Another

1 909 ca 6279-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.6279 OF 2019 IN RC/153/2019 SHIVAJI SITARAM MOKASE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. M. K. Bhosale h/f Mr. Thite Sunil S. AGP for Respondent No.1: Mr. P. M. Kulkarni ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 13/12/2022.

P. C. :

1.

Heard rival submissions.

2.

The applicants are seeking recalling of order dated 28/11/2017, whereby their application for condonation of delay bearing CA No. 3116 of 2014 was dismissed for default. The learned AGP strongly opposed the application on the ground that the applicants are negligent since beginning. 3.

On perusal of the said order, it appears that the applicants were negligent and therefore, their application for condonation of delay was dismissed. In view of the same, some costs needs to be saddled upon the applicants.

4.

As such, the application stands allowed in terms of prayer clause- B & C subject to deposit of costs of Rs.2,000/- with High Court Bar Library, within two weeks of this order. 5.

The application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-