Sunanda Ramdas Fukat v. District Health Officer, Zp And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION O. NO.1582/2016 IN MISC. CIVIL APPLICATION ST. NO.17955/2016 IN MISC. CIVIL APPLICATION NO.306/2014 (D) IN WRIT PETITION NO.1611/2013 (D) Sunanda Ramdas Fukat ...Versus...

District Health Officer, Zilla Parishad, Ratnagiri, Tah. and Distt. Ratnagiri and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Joshi, Advocate for applicant Shri P.S. Tembhare, AGP for respondent no.2 CORAM : SMT. VASANTI A NAIK AND KUM. INDIRA JAIN, JJ.

DATE : 14.09.2016 Heard Shri Joshi, the learned Counsel for the applicant and Shri Tembhare, the learned Assistant Government Pleader for the respondent no.2. It would not be necessary to issue notice to the respondent no.1 on this civil application as the respondent no.1 was not represented by a Counsel in the Court on 30.4.2014 when the application for restoration was dismissed for want of prosecution.

For the reasons stated in the application, we are inclined to condone the delay in filing the application for

restoration of Misc. Civil Application No.306/2014. It appears that the name of the Counsel did not find place in the cause list of 30.4.2014 and the Counsel could not remain present in the Court on the fixed date.

The civil application is allowed and disposed of. MISC. CIVIL APPLICATION ST. NO.17955/2016 Heard Shri Joshi, the learned Counsel for the applicant and Shri Tembhare, the learned Assistant Government Pleader for the respondent no.2. It would not be necessary to issue notice to the respondent no.1 on this civil application as the respondent no.1 was not represented by a Counsel in the Court on 30.4.2014 when the application for restoration was dismissed for want of prosecution.

For the reasons stated in the application, the writ petition is restored to file, subject to payment of costs of Rs.1,000/- (Rupees One Thousand Only) to the High Court Bar Association, Nagpur.

The learned Counsel states that the costs would be deposited today. Statement is accepted.

The Misc. Civil Application is allowed in the aforesaid terms and disposed of. The writ petition may be listed for admission on 15.09.2016.

JUDGE JUDGE Wadkar

C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : S.S. Wadkar, P.S. Uploaded on : 14/09/2016