Narayanrao Laxmanrao Kirtane v. Adarsha Shikshak Prasarak Mandal Thr. Its President And 2 ORS

1 cao1413.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CA0) NO.1413 OF 2017 IN M.C.A. STAMP NO.19024 OF IN WRIT PETITION NO.3836 OF 2009(D) (Narayan Laxmanrao Kirtane ..vs.. Adarsha Shikshan Prasarak Mandal and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Patil, Counsel for the petitioner, Shri P.A. Kadu, Counsel for respondents 1 and 2, Shri N. Rao, AGP for respondent 3.

CORAM : ROHIT B. DEO, J.

DATED : 20-08-2018 For reasons stated in the application, the delay is condoned.

The civil application is allowed.

Miscellaneous Civil Application (Stamp) No.19024/2017.

The restoration is strongly opposed by respondents 1 and 2.

2.

The learned Counsel for respondents 1 and 2 is right in contending that the non-appearance on behalf of the petitioner is on three different dates of hearing in three different years to wit in on 21-11-2015, 11-5-2016 and 12-4-2017.

3.

However, as a final opportunity by way of

2 cao1413.17 indulgence, the petition is restored subject to the petitioner depositing costs of Rs.5,000/- with the Vidarbha Lady Lawyer Association, Nagpur. The costs shall be deposited within a week.

JUDGE adgokar