Nandlal Suganchand Tardeja Through Power Of Attorney Holder Shri. Vijay Sunganchand Tardeja And Oth v. Amravati Municipal Corporation Through Its Commissioner

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.O.NO. 1867/2017 IN M.C.A.ST.NO.16463/2017 IN W.P.NO. 2010/2014.

Nandlal Suganchand Tardeja and others.

-VERSUSAmravati Municipal Corporation, Amravati. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI AND A.D. UPADHYE, JJ.

DATE : MARCH 16, 2018.

Heard Shri P.S. Khubalkar, learned Counsel for the applicants and Shri Dahat, learned Counsel for Non-applicant.

2.

Prayer is to condone delay of 56 days in filing Misc. Civil Application St. No. 16463/2017. Misc. Civil Application is filed for restoration of Writ Petition No. 2010/2014, which was dismissed in default on 03.05.2017.

3.

Prayer for condonation of delay is opposed by Shri Dahat, learned counsel for the non-applicant.

He invites attention to the pleadings in paragraph no. 8 of the Civil Application.

4.

Paragraph no.8 shows that the order of dismissal in default was communicated to the applicants/petitioners and thereafter they decided not to prosecute the petition, as they were happy with the interim arrangement then going on. Later on they realized that interim arrangement cannot continue and hence, instructed their counsel to move appropriate application.

5.

In this situation, we find interest of justice can be met with by asking 8 applicants/ petitioners to deposit reasonable amount as costs with the nonapplicant Municipal Corporation. Writ Petition was already admitted for final hearing and interim order was operating therein. In this situation, we direct the applicants to deposit with the non-applicant Municipal Corporation an amount of Rs. 10,000/- each, within a period of two weeks from today.

6.

After production of receipt, the delay shall stand condoned. If delay is condoned, Registry shall register Misc. Civil Application and in that event, Misc. Civil Application shall also stand allowed. Order dated

03.05.2017, shall stand recalled and Writ Petition shall stand restored back to file.

JUDGE JUDGE Rgd.