Bombay High CourtMCA/762/2016admittedallwdgrantedrule absolute

Shri. Sharwan Baburaoji Ghodmare And Other v. Magasvargiya Rail Karmachari Grihanirman Sahkari Sanstha Ltd., Thr. Secretary S D Damduji And Other

2016-07-29Hon'Ble Shri Justice Z.A. Haq3 pages

1 cao1344.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CA0) NO.1344 OF 2016 IN MISC. CIVIL APPLICATION STAMP NO.14388 OF 2016 IN WRIT PETITION NO.382 OF 2016 (D) (Shrawan Baburaoji Ghodmare and others ..vs.. Magasvargiya Rail Karmachari Grihanirman Sahkari Sanstha Ltd. and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. S.R. Deshpande, Advocate for the applicants. CORAM : Z.A. HAQ, J.

DATED : 29-07-2016 As the registration of petition was refused and it was rejected before issuing notice to the non-applicant/ respondent, without issuing notice to the non-applicant/ respondent and accepting the reasons stated in the application, the delay of 88 days in filing miscellaneous civil application is condoned.

The civil application is allowed.

Misc. Civil Application Stamp No.14388 of 2016. As the registration of petition was refused and it was rejected before issuing notice to the non-applicant/ respondent, without issuing notice to the non-applicant/ respondent and accepting the reasons stated in the miscellaneous civil application, the order passed by the learned Registrar (Judicial) on 11-04-2016 is set aside and the petition is restored.

2 cao1344.16 The miscellaneous civil application is allowed. Writ Petition No. 382 of 2016.

If the office objections are not removed within four weeks, the petition shall stand dismissed without reference to Court with costs of Rs.1,000/- to be deposited by the petitioners with the High Court Legal Services Sub-Committee, Nagpur.

JUDGE adgokar

3 cao1344.16 CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by : P.M. Adgokar.

Uploaded on : 30-07-2016.

P.A. to Hon'ble Judge.