Bombay High CourtMCA/47/2016dispossed offdismiss for default

Kishor Raghunathji Zilpe v. Gramin Vikas Sanstha Hinganghat, Wardha By Its President And Others

2016-01-04Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.S. Chandurkar2 pages

cao2067.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLN. (O) NO.2067 OF 2015 IN MISC. CIVIL APPLN. ST. NO. 20324 OF 2015 IN WRIT PETITION NO. 3481 OF 1999 (D) Kishor S/o Raghunathji Zilpe -vsGramin Vikas Sanstha, Hinganghat and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. Anjan De, counsel for the petitioner.

Mrs.Ketki Joshi, AGP for the respondent No.4. CORAM : SMT. VASANTI A. NAIK & A.S.CHANDURKAR, JJ.

DATE : 04.01.2016.

CIVIL APPLN. (O) NO.2067 OF 2015 Heard.

It would not be necessary to issue notice to the respondent Nos.1 to 3 on this civil application, as the respondent Nos.1 to 3 were not represented by a counsel when the writ petition was dismissed for want of prosecution on 22/08/2014. For the reasons stated in the application, the prayer is granted and the delay in filing the restoration application is condoned. Civil application is allowed and disposed of. MISC. CIVIL APPLN. ST. NO. 20324 OF 2015 Heard.

It would not be necessary to issue notice to the respondent Nos.1 to 3 on this civil application, as the respondent Nos.1

cao2067.15 2/2 to 3 were not represented by a counsel when the writ petition was dismissed for want of prosecution on 22/08/2014. For the reasons stated in the miscellaneous civil application, the writ petition is restored to file subject to payment of costs of rupees five hundred in the High Court Bar Library within a period of one week.

If the costs are paid and the writ petition is restored to file, issue notice to the respondent Nos.1 to 3 for hearing of the writ petition on merits.

Miscellaneous civil application is allowed in the aforesaid terms and disposed of.

JUDGE JUDGE KHUNTE