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Bombay High CourtCA/12766/2019disposed offdismissed for default

The Secretary Arab Education Society And Others v. Syed Irfan Syed Abdul Gaffar

2019-11-08Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12766 OF 2019 IN WP/11930/2019 THE SECRETARY ARAB EDUCATION SOCIETY AND OTHERS

VERSUS

SYED IRFAN SYED ABDUL GAFFAR Mr.V.R.Mundada, Advocate for the applicants/petitioners. ( CORAM : Ravindra V.Ghuge, J.) DATE : 08/11/2019 PER COURT :

1.

The writ petition was dismissed on account of the default in not complying with the directions of this Court dated 27/09/2019. 2.

The learned Advocate for the applicants submits that this civil application is filed within time, though it is mentioned in the prayer clause that there is a delay of 7 days. The demand draft for depositing the amount as directed is ready and can be presented even today.

3.

I find from the remark of the Registry that the civil application is filed within time. I have perused the reasons set out in the khs/Nov.2019/12766-d

- 2 - application and the slip on the part of the petitioners in noting a wrong date for depositing the money.

4.

In view of the above, this civil application is allowed. The writ petition shall stand restored on the condition that the petitioners shall deposit the amount, as directed under order dated 27/09/2019, in this Court, on or before 20/11/2019. 5.

In view of the above, issue notice in the writ petition, returnable on 17/12/2019.

( Ravindra V.Ghuge, J.) khs/Nov.2019/12766-d