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Bombay High CourtCA/7652/2019disposed offdismissed for default

Santosh Satish Tawarawala And Another v. Sunil Badrinarayan Agrawal And Another

2019-11-08Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7652 OF 2019 IN WP/4388/2019 SANTOSH SATISH TAWARAWALA AND ANOTHER

VERSUS

SUNIL BADRINARAYAN AGRAWAL AND ANOTHER Ms.Harshita Manglani h/f Mr.A.S.Bajaj, Advocate for the applicants. Smt.R.D.Mane, Advocate for respondent No.1.

Mr.H.M.Somwanshi h/f Mr.Y.G.Somani, Advocate for respondent No.2.

( CORAM : Ravindra V.Ghuge, J.) DATE : 08/11/2019 PER COURT :

1.

On 05/07/2019, the following order was passed :- "1. The applicants/petitioners pray for condonation of delay of 25 days in filing this application seeking restoration of the writ petition which was discussed by the order of this Court dated 25/04/2019 as the copies of the writ petition were not supplied for issuance of notice.

2. Issue notice to the respondents, returnable on 26/07/2019. Humdast granted on request.

3. In the meanwhile, copies be deposited with the registry in the disposed off writ petition."

2.

The learned Advocates appearing on behalf of the respondents have opposed this application. In the alternative, it is submitted that

- 2 - costs may be imposed and the amount may be donated for the treatment of poor patients.

3.

I have considered the grounds set out in the application and the submissions of the parties.

4.

Considering the same, this application is allowed. The delay of 25 days is condoned.

5.

The writ petition shall stand restored to the stage at which it was dismissed and the ad-interim order passed on 04/04/2019 shall continue, subject to the applicants/petitioners depositing an amount of Rs.100/- (Rs.Hundred only) 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") within 2 weeks.

6.

Since the parties have already appeared, list the writ petition for urgent admission hearing on 02/12/2019.

- 3 - ( Ravindra V.Ghuge, J.)