Ku Hemlata Shriram Chavan Akola. v. Zilla Parishad, Through Its Chief Executive Officer, Akola And Another

0501mca171.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.171 OF 2019 IN WRIT PETITION NO.2455 OF 2004 (Ku. Hemlata d/o Shriram Chavan vs. Zilla Parishad, Akola and another) ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s orders or directions and Registrar'

s orders.

Shri N.R. Saboo, Advocate for applicant.

Shri N.R. Patil, Assistant Government Pleader for respondent no.2.

-------- CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : JANUARY 5, 2021 Heard Shri Saboo, learned Counsel for the applicant and Shri Patil, learned Assistant Government Pleader for respondent no.2.

2) The application seeks to set aside the order dated 24/4/2018 dismissing the petition for want of prosecution. In the application for restoration of petition, it is submitted that since identical matters were listed and the present matter was not marked, the order of dismissal of petition in default came to be passed. It is further submitted that it is an inadvertent mistake on the part of the Counsel, for which applicant should not suffer. 3) Accepting the statements made in the

0501mca171.19 2/2 application, the order dated 24/4/2018 is recalled and the petition is restored back to file. However, in the circumstances, cost of rupees five thousand is levied on the applicant to be deposited with the District Legal Services Authority, Nagpur. The application is disposed of accordingly.

JUDGE JUDGE khj