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Bombay High CourtCA/12229/2017disposed offdismissed for default

Kishore Sharad Borawake And Another v. The Chief Officer And Another

2017-09-29Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12229 OF 2017 (Kishor Sharad Borawake and another Vs. The Chief Executive Officer and others) IN WRIT PETITION NO.10777 OF 2015 Mr.A.K.Gawali, Advocate for the applicants.

Mr.S.K.Tambe, AGP for State.

( CORAM : Ravindra V.Ghuge, J.) DATE : 29/09/2017 PER COURT :

1.

The applicants pray for condonation of 576 days delay in filing the civil application and further pray that the writ petition be restored by setting aside the order of this Court by which the petition was dismissed for non-removal of office objections at the pre-notice stage.

2.

For the reasons set out in the application, the same is allowed. The delay of 576 days is condoned subject to costs of Rs.3,000/- which the applicants would jointly deposit with the Advocate Associations' Bar Library, High Court, Aurangabad, within a period of 1 (one) week as per the assurance of the learned Advocate for the applicants. After depositing the said amount, the order dated khs/SEPT. 2017/12229-d

26/11/2015 would stand recalled and the writ petition shall stand restored only after all office objections are removed within 2 (two) weeks. List WP No. 10777/2015 for admission on 12/10/2017. Matter to appear on the supplementary board.

3.

If the above directions are not complied with, this order shall stand recalled, the order dated 26/11/2015 shall stand restored and this civil application shall then stand dismissed. ( Ravindra V.Ghuge, J.) khs/SEPT. 2017/12229-d