Digambar S/O Damduji Kale v. The Union Of India, Through Its Secretary, New Delhi And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAO] No.1913 of 2018 and Civil Application [MCA] St. No.23760 of 2018 in Writ Petition No.4983 of 2013 (D) Digambar s/o Damduji Kale vs.

The Union of India, through its Secretary, Ministry of Communications & Information Technology, Department of Posts, New Delhi & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Kaustubh Deogade, Advocate for the Applicant/Petitioner. Shri U.M. Aurangabadkar, A.S.G.I. for the Non-Applicants/Respondents. COR AM : V.M DESHPANDE & S.M. MODAK, JJ.

DATE : 18 th FEBRUARY, 2020 01] Heard Shri Kaustubh Deogade, learned Counsel for the applicant in these two applications and Shri U.M. Aurangabadkar, learned Assistant Solicitor General of India, who waives service for all the non-applicants.

02] Civil Application No.1913/2018 is an application for condonation of delay in filing the Civil Application [MCA] St. No.23760/2018, which is the application for restoration of the writ petition, which was dismissed for want of prosecution on 23/03/2017. After hearing both the learned Counsel and after perusing the pleadings in these two applications, we are of the view that these two applications can be allowed. Consequently, we pass the following order :

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O R D E R

I.

Civil Application No.1913/2018 is allowed and the delay of 526 days in filing the application for restoration of the writ petition is hereby condoned.

II.

Office is directed to register Civil Application [MCA] St. No.23760/2018.

III.

The civil application for restoration of the writ petition is hereby allowed.

IV.

The order, dated 23/03/2017 dismissing Writ Petition No.4983/2013 is hereby recalled.

V.

Writ Petition No.4983/2013 is restored to file.

JUDGE JUDGE *sandesh