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Bombay High CourtCA/7913/2017admittedallowedgrantedrule absolute

Sheshrao Dinanath Kale Died Lrs Bhagwat Sheshrao Kale And Others v. Maharashtra State Road Transport Corporation Beed Through Its Divisional Controller

2017-07-14Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7913 OF 2017 IN WP/2173/1998 SHESHRAO DINANATH KALE DIED LRS

VERSUS

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION BEED ...

Advocate for Applicants : Shri Parag Shahane Advocate for Respondent : Shri A.B.Dhongade ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: July 14, 2017 ...

PER COURT :- 1.

The applicants are the legal heirs of deceased / original petitioner Sheshrao. They pray for condonation of delay of 1582 days, which is about 5 years and for being added as the petitioners in the pending petition. 2.

Learned counsel for the respondent has strenuously opposed. 3.

The Writ Petition filed by the deceased Sheshrao was admitted on 2.7.1998. He was dismissed from service for proved misconduct. His case before the Labour Court was dismissed by award dated 29.6.1996. 4.

Considering the above and the fact that the petition is pending final hearing for the last about 20 years, this application is allowed and the delay of 1528 days is condoned by directing the applicants to pay an akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - CIVIL APPLICATION NO. 7913 OF 2017 amount of Rs.3,000/- as costs. Learned counsel for the Corporation submits that the said amount may be donated to Advocate Associations' Bar Library of Bombay High Court, Bench at Aurangabad. Applicants will accordingly deposit the said amount in the said Library within four weeks from today. They shall produce the receipt of depositing the costs before the Registry for amending the cause title, within two weeks thereafter. 5.

After the above formalities are completed, list Writ Petition No.2173 of 1998 for final hearing on 31.8.2017.

6.

Needless to state, if either of the above directions are not complied with, this order shall stand recalled, the Civil Application shall then stand rejected and the Writ Petition shall stand abated. ( RAVINDRA V. GHUGE, J. ) ...

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