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Bombay High CourtCA/13296/2019disposed offdismissed for default

Bhaskar Pandharinath Chate v. Baban Tulsiram Jadhav And Others

2019-11-14Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 964-ca-13296-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13296 OF 2019 IN WRIT PETITION NO.10751 OF 2019 BHASKAR PANDHARINATH CHATE ..APPLICANT

VERSUS

BABAN TULSHIRAM JADHAV AND OTHERS ..RESPONDENTS ...

Mr. Sudhir G. Bhalerao, Advocate for the Applicant. Mr. P. S. Patil, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATED : 14th NOVEMBER, 2019.

PER COURT:- 1.

This Court under order dated 26.09.2019 issued bailable warrant to respondent no.2, as respondent no.2 failed to appear despite service of notice.

2.

The present Civil Application is filed for recall of the order dated 26.09.2019. The respondent no.2 Mr. Bhaskar Pandharinath Chate is present in the Court. He has tendered unconditional apology in application filed by him. The reasons are given. We are not convinced with the reasons given for non-appearance on the given date.

3.

The present applicant shall henceforth be diligent in prosecuting the matter in the Court.

(2) 964-ca-13296-2019 We accept unconditional apology tendered by him and recall the order dated 26.09.2019. The affidavit shall be filed by the respondent no.2/applicant within a period of two weeks from today.

4.

Civil Application is disposed of.

(AVINASH G. GHAROTE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/November-19