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Bombay High CourtCA/13176/2018disposed offdismissed for default

Anil Hanmanta Waghe v. The Recovery Officer Rahata Taluka Sahakari Patsanstha Fedration Maryadit And Another

2018-10-26Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13176 OF 2018 IN WP/8486/2018 ANIL HANMANTA WAGHE

VERSUS

THE RECOVERY OFFICER RAHATA TALUKA SAHAKARI PATSANSTHA FEDRATION MARYADIT AND ANOTHER ...

Advocate for the Applicant : Shri Borde Kishorkumar B. Advocate for the Respondents : Shri A.S.Gandhi. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 26th October, 2018 Per Court:

The Applicant/ original Petitioner prays for condonation of delay of nine days and for recalling the order dated 31.08.2018 by which, the writ petition was dismissed for non removal of office objections. The learned Advocate for the Respondents, though opposes the application, brings it to the notice of the Court that the Petitioner has deposited the amount as was directed by this Court vide order dated 25.07.2018 in the writ petition.

The learned Advocate for the Petitioner submits that on the condition of deposit of money, he was granted ad-interim protection. Considering the above and as the delay is very short, this Civil

*2* 989ca13176o18 Application is allowed in terms of prayer clause B, which reads as under :- "B) The order passed by this Hon'ble Court dated 31.08.2018 may kindly be recalled and Writ Petition No.8486/2018 may kindly be restored at its original stage with interim protection." All office objections shall be removed on or before 22.11.2018, failing which, this order shall stand recalled and the Civil Application shall stand rejected without reference to the Court on 24.11.2018.

If above directions are complied with, list the writ petition for admission on 03.12.2018.

kps (RAVINDRA V. GHUGE, J.)