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Bombay High CourtCA/13023/2016disposed offdismissed for default

Rajaram @ Rajasaheb Bhaurao Kawhale v. The State Of Maharashtra And Others

2017-09-13Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

CA 13023/16 in WP 1182/12 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13023/2016 IN WRIT PETITION NO.1182/2012 Rajaram @ Rajasaheb Bhaurao Kawhale.

...Applicant..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri V.G. Salgare, Advocate for applicant.

Shri Y.G. Gujarathi, AGP for respondent nos.1 to 4 & 6. .....

CORAM: R.D. DHANUKA & SUNIL K. KOTWAL, JJ.

DATE: 13.09.2017 ORDER :

1] Heard learned counsel appearing for the parties. 2] By this civil application, the applicant seeks recall of the order dated 10.6.2014 dismissing the writ petition for default. The learned counsel for the applicant states that the reasons for remaining absent are recorded in paragraph nos.2 & 3 of the civil application and the same be accepted by this Court. He submits that absence of the applicant and his Advocate

CA 13023/16 in WP 1182/12 - 2 - was accidental and not intentional or deliberate. 3] The civil application is allowed and made absolute in terms of prayer clause (A) on the statement of the learned counsel for the applicant that his client would pay costs of Rs.500/- way of donation to the Library of Bar Association at Aurangabad Bench within two weeks from today and would produce a copy of the receipt before the Sheristedar of this Court.

4] The statement is accepted.

5] The civil application is disposed of in aforesaid terms.

(SUNIL K. KOTWAL, J.) (R.D. DHANUKA, J.) ndk/c1391722.doc