Kashinath D. Bhusnoor v. State Of Maharashtra And Others.

Order 0501cao1850.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.O.NO.1850/2017 AND M.C.A.ST.NO 25711/2017 IN W.P.NO.1036/1998.

Kashinath Dhondappa Bhusnoor. Lohara, Dist. Yavatmal. -VERSUSState of Maharashtra and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : JANUARY 05, 2018.

Heard Shri P.H. Gulhane, learned counsel for applicant and Ms. A.R. Kulkarni, learned A.G.P. for non-applicant nos. 1 and 2.

2.

Learned A.G.P. is seeking time to file reply. 3.

However, notices are issued by this Court on 20.12.2017 in the matter. Petition registered as Writ Petition No. 1036/1998, came to be dismissed for want of prosecution on 16.06.2006. The said dismissal went unnoticed, as counsel representing the petitioner was out of Country and even after return could not learn about it, as Writ Petitions of 1998 could not have

Order 0501cao1850.17 been listed for final hearing at that juncture. 3.

It appears that only after getting knowledge upon enquiry, the counsel learnt about the dismissal of Writ Petition in default.

4.

Application for restoration is supported by personal affidavit of counsel.

5.

We do not see any malafides in the matter.

As such we condone the delay and recall the order dated 16.06.2016. Writ Petition No. 1036/1998 is accordingly restored back to file.

6.

Learned counsel for the applicant assures the Court that he would see to it that the Court records are reconstructed within a period of two weeks from today. List Writ Petition for final hearing immediately thereafter.

7.

Copy of reconstructed record shall also be served by the applicant/petitioner to office of Government Pleader.

8.

Civil Applications are accordingly allowed and disposed of. No cost.

JUDGE JUDGE Rgd.