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Bombay High CourtMCA/381/2015dispossed offdismiss for default

Namdeo Jijoba Agade, Gondia v. The Municipal Council, Gondia Through Its Chief Officer, And Others

2015-12-01Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale1 pages

MCA381-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR M.C.A. NO.381/2015 IN WRIT PETITION NO. 1538/2002 (D) (NAMDEO JIJOBA AGADE VERSUS THE MUNICIPAL COUNCIL, GONDIA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri I.S. Charlewar, counsel for the applicant. Shri A.V. Palshikar, A.G.P. for the R-2.

CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATE : DECEMBER 01 , 2015.

Heard.

It would not be necessary to serve the other respondents as the other respondents were not represented by a counsel in the Court on 29.01.2015, when the writ petition was dismissed for want of prosecution.

For the reasons stated in the application, the prayer made in the application is granted and the writ petition is restored to file subject to payment of costs of Rupees Five Hundred only in the High Court Bar Library, Nagpur, within a period of one week. The miscellaneous civil application is allowed in the aforesaid terms and disposed of.

If the costs are paid and the writ petition is restored, issue notice to the respondent nos.1 and 3 for hearing of the writ petition, on merits.

JUDGE JUDGE APTE