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Bombay High CourtCA/5545/2016disposed offdismissed for default

The Executive Engineer, Latur Medium Project Division v. Hanumant Dnyanoba Gite And Another

2017-11-24Hon'Ble Shri Justice K. K. Sonawane1 pages

1 942 CA-5545-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5545 OF 2016 IN FA/973/2014 THE EXECUTIVE ENGINEER, LATUR MEDIUM PROJECT DIVISION

VERSUS

HANUMANT DNYANOBA GITE AND ANOTHER ...

Advocate for Applicant : Mr. P. R. Tandale.

...

CORAM : K.K. SONAWANE, J.

DATED : 24TH NOVEMBER, 2017.

Order :- Heard learned counsel for applicant.

2.

Perused the application. It appears that, proceedings of appeal came to be dismissed for non removing the office objection within stipulated period.

3.

In view of the nature of subject matter and the reasons mentioned in application, I do not find any impediment to extend one more opportunity to the applicant for substantial justice into the matter. Hence, civil application stands allowed in terms of prayer clause (2). The order of dismissal passed by learned Registrar of this Court in First Appeal No. 973 of 2014 dated 09-12-2014, is hereby recalled. The proceedings of appeal be restored at it's original stage. The applicant is permitted to deposit printing charges forthwith. After due compliance, list the matter in due course. 4.

Accordingly, civil application stands disposed of in above terms.

[ K. K. SONAWANE ] JUDGE rrd.