Ramesh S/O Marotrao Durugkar v. Janta Sahakari Bank Ltd., Gondia Through Its Branch Manager And Another

1 / 2 cao2120.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) NO. 2120 OF 2019 IN MISC. CIVIL APPLICATION (St.) NO. 16092 OF 2019 (FOR RESTORATION) IN WRIT PETITION NO. 164 OF 2019 (DISPOSED) Ramesh s/o Marotrao Durugkar vs.

Janta Sahakari Bank Ltd. Gondia and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. H. S. Rahangdale, counsel for petitioner. CORAM : MANISH PITALE J.

DATED : 13/03/2020 CIVIL APPLICATION (O) NO. 2120 OF 2019 AND MISC. CIVIL APPLICATION (St.) NO. 16092 OF 2019 These are applications seeking restoration of writ petition which stood dismissed for want of prosecution and for condonation of delay in moving the application for restoration.

2.

The Writ Petition No.164/2019 was dismissed on 29/04/2019 by the following order :- "None appeared on behalf of the petitioner on 22/04/2019. Hence the matter was placed for dismissal today.

Today also there is no appearance on behalf of the petitioner.

2 / 2 cao2120.2019 Shri. R. K. Borkar learned counsel for respondent Nos.1 and 2 is present.

The writ petition is therefore dismissed for want of prosecution. No costs." 3.

It is obvious that this Court dismissed the writ petition for want of prosecution, because there was no appearance on behalf of the petitioner on two consecutive dates. The only reason given in the application for restoration is that the listing of the matters could not be noticed, thereby, demonstrating casual approach in handling matters.

4.

It is only for giving an opportunity to the petitioner for considering the matter on merits that this Court is inclined to allow the application conditionally. 5.

In view of the above, the applications are allowed. The delay is condoned and the writ petition is restored, subject to the petitioner depositing costs of Rs.5000/- with the High Court Bar Association, Nagpur within a period of two weeks from today.

6.

Applications are disposed of.

JUDGE KOLHE/P.A.