The Chief General Manager, Wani North Area, Western Coalfields Ltd. Yavatmal And Another v. The Secretary, Bhartiya Koyla Khadan Mazdoor Sangh, Yavatmal

1 cao 863.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAO No.863/2023 in MCA St. 4976/2023 in S.P. St. No.3367/2020 Chief General Manager and another V Secretary, Bhartiya Koyla Khadan Mazdoor Sangh, Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Ghare, Adv. for applicants.

CORAM : R.M. Joshi , J.

DATE : 26-06-2025.

None for the respondent in spite of service of notice. His absence indicates that he is not interested in opposing the application. 2.

Perusal of the application indicates that the delay of 156 days in filing the application for restoration of Writ Petition St. No.3367/2020 has been satisfactorily explained. Hence, application stands allowed. Delay in filing application for restoration of petition stands condoned. Misc. Civil Application be registered. Misc. Civil Application St. 4976/2023 Learned Counsel for the applicant submits that Writ Petition Stamp No.3367/2020 was dismissed for non removal of office objections on 05-09-2022 and at that stage no notice was issued to the respondent. It is his contention that in such circumstances notice of this application be dispensed with. It is his further argument that in view of the fact that the respondent failed to cause appearance

2 cao 863.23.odt in Civil Application (O) No.863/2023 indicates that the respondent has no inclination to oppose the application. 2.

Petition came to be dismissed or non removal of office objection on 05-09-2022. In the said petition no notice was issued to the respondent. Hence, notice to the respondent of this application stands dispensed with.

3.

Perusal of the application indicates that there is no reason to reject the prayer made herein. Hence, order dated 05-09-2022 passed in Writ Petition St. No.3367/2020 dismissing the said petition stands set aside. Petition is registered at it's original stage. 4.

Learned Counsel for the applicant/original petitioners undertakes to remove office objections within a period of two weeks. If office objections are removed, place this matter for admission, if office objections are not removed within stipulated time, petitions shall stand dismissed without further reference to the Court. (R.M. Joshi , J.

) Deshmukh