Bombay High CourtCA/13888/2018disposed offdismissed for default

Sayyed Sahanaj Begum Sayyed Kadir And Another v. Shaikh Abdul Halim Shaikh Mohammad

2018-11-30Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13888 OF 2018 IN WP/7845/2017 SAYYED SAHANAJ BEGUM SAYYED KADIR AND ANOTHER

VERSUS

SHAIKH ABDUL HALIM SHAIKH MOHAMMAD ...

Advocate for Applicants : Shri Sukale P.H. h/f Shri Suryawanshi K.J. Advocate for Respondents : Shri Mohd. Asim h/f Shri Syed T.Y. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: November 30, 2018 ...

PER COURT :- 1.

The applicants / petitioners pray for condonation of 99 days' delay caused in filing the Civil Application seeking restoration of the Writ Petition, which was dismissed for non-removal of office objection. 2.

Learned Advocate for the respondent opposes this application stating that despite three weeks having been granted on 12.6.2018 and though the petition was pending for more than one year, office objections were not removed. In the alternative, he submits that heavy costs be imposed and the amount be donated to the treatment of poor patients.

Considering the above and the reasons cited, this Civil Application is allowed with the following directions:- akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2-CIVIL APPLICATION NO. 13888 OF 2018 (A) The applicants shall deposit an amount of Rs. 500/- (Rs. Five Hundred only) on/or before 14.12.2018 with the Government Medical College and Hospital, Aurangabad, through Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft (Demand Draft be drawn in the name of "Dean, Government Medical College and Hospital Dengi Samiti, Aurangabad") and shall report compliance of this direction by producing a receipt of having deposited the amount, before the Registrar (Judicial) of this Court on or before 15.12.2018.

(B) The applicant shall remove all office objections within the same period.

(C) After compliance of these directions, the order of dismissal shall stand recalled. The petition shall stand restored to it's original position along with the ad-interim protection and this petition shall be listed in the urgent admissions category on 18.12.2018.

( RAVINDRA V. GHUGE, J. ) ...

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