Shaluka Milind Gaikwad v. The Union Of India And Anothers

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.14194 OF 2015 IN WRIT PETITION NO.6604 OF 2010 Smt. Shaluka w/o Milind Gaikwad ...APPLICANT

VERSUS

The Union of India and another.

...RESPONDENTS ...

Mr. Harshad H. Padalkar Advocate for Applicant. Mr. S.B. Deshpande, A.S.G. for Respondents.

...

CORAM: R.M. BORDE AND A.I.S. CHEEMA, JJ.

DATE : 20TH NOVEMBER, 2015 ORDER :

1.

This is an Application seeking restoration of the Writ Petition dismissed on account of non prosecution on 9th April 2015. Earlier also the Petition was dismissed for want

of prosecution and same was restored subject to payment of costs of Rs.2000/-. When matter was listed on 9th April 2015, the Petitioner did not remain present and as such the matter was dismissed. Considering the facts of this case, we deem it appropriate that one more opportunity may be granted to the Petitioner, however subject to the payment of costs of Rs.5000/- (Rupees Five Thousand).

2.

The learned A.S.G. appearing for Respondents fairly states that the amount may be donated to the Library of the Advocates' Association of Bombay High Court, Bench at Aurangabad.

3.

The amount of costs shall be deposited with the Library of the Advocates' Association of Bombay High Court, Bench at Aurangabad within two weeks from today.

4.

Subject to deposit of costs as directed above, the order passed by this Court dated 9th April 2015 dismissing the Writ Petition in default, stands recalled. The Writ Petition is restored to its original number. The Writ Petition be listed for admission hearing on 11th December 2015.

5.

The Civil Application stands disposed of, accordingly.

[A.I.S. CHEEMA, J.] [R.M. BORDE, J.] asb/NOV15