Bombay High CourtCA/12859/2018disposed offdismissed for default

Anil Nirmalchand Osmal v. Nehri Syeda Rafat Fatema Asad Ahmed Khan And Another

2018-10-19Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 955ca12859o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12859 OF 2018 IN RC/1208/2018 ANIL NIRMALCHAND OSMAL

VERSUS

NEHRI SYEDA RAFAT FATEMA ASAD AHMED KHAN AND ANOTHER ...

Advocate for the Applicant : Shri A.V.Patil h/f Shri Joshi Prabhakar K.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 19th October, 2018 Per Court:

The Applicant/ original Petitioner prays for condonation of delay of 36 days caused in filing this Civil Application seeking restoration of the writ petition, which was refused registration by the order of the learned Registrar dated 13.08.2018 for non removal of office objections. The learned Advocate for the Applicant submits that his name was not shown on the daily board and therefore, he did not notice that objections had to be removed.

I find from the Presentation Form signed by the learned Advocate Shri Prabhakar K. Joshi that he has mentioned his Advocate Code as 1873, which is Advocate Code number of the learned Advocate Shri Lalitdas P. Joshi. Hence, the Board Section proceeded as per the code

*2* 955ca12859o18 number and the name of Shri Lalitdas Joshi appeared on the daily board. Leave to correct the Advocate code number. Correction be carried out forthwith.

In the light of the above, this Civil Application is allowed and the Writ Petition is restored subject to the Applicant/ Petitioner paying an amount of Rs.201/- (Rupees Two Hundred One) as donation for the Ghati Hospital, Aurangabad (Government Medical College and Hospital, Aurangabad), to be deposited with the Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft, to be drawn in the name of "Dean, Government Medical College and Hospital Dengi Samiti, Aurangabad" and producing a receipt of such deposit before the Registry of this Court on or before 30.10.2018, failing which, this order shall stand recalled and the Civil Application shall stand rejected without reference to the Court on 31.10.2018.

All office objections in the Writ Petition shall be removed on or before 30.10.2018, failing which, this writ petition shall stand dismissed without reference to the Court on 31.10.2018. After due compliance of the above directions, list this Writ Petition for admission on 26.11.2018.

kps (RAVINDRA V. GHUGE, J.)