Kakasaheb Santaram Jagdale And Another v. The State Of Maharashtra And Others

908- C.A. No.14929-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14929 OF 2018 IN RC/1901/2014 KAKASAHEB SANTARAM JAGDALE AND ANOTHER ..APPLICANTS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Advocate for Applicants : Mr. V.S. Janephalkar AGP for Respondent Nos. 1 to 5 : Mr. A.V. Deshpande ...

CORAM

:T.V. NALAWADE AND SUNIL K. KOTWAL,JJ.

DATE : 25th JANUARY, 2019.

PER COURT :- The application is filed for condonation of delay of 1477 days caused in filing proceeding for restoration of the Writ Petition Stamp No. 9408 of 2014 which came to be dismissed for default. The office objections were not removed. The proceeding was filed for declaration that petitioner/applicants are entitled to benefit of old pension scheme as they have joined prior to year 2005. Nothing could have been achieved by the petitioners/applicants by not complying the office objections. In view of the submissions made and contents of the application and as counsel seeking blame to himself, this Court holds that sufficient cause is shown. The application is allowed. The delay is condoned. The order of dismiss in default passed by the learned Registrar (Judicial) is hereby quashed and set-aside. The matter is restored to its original stage. The office objections are to be removed

908- C.A. No.14929-2018.odt within two weeks from today, and if that is not done the proceeding shall dismissed automatically without reference of the Court. [SUNIL K. KOTWAL] [T.V. NALAWADE] JUDGE JUDGE YSK/