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Bombay High CourtCRMA/236/2019allowed

Suresh Maheshwar Mhalsekar., v. Swati Suresh Mhalsekar.,

2019-12-13Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 236 OF 2019 IN CRIMINAL WRIT PETITION NO. 75 OF 2016 SURESH MAHESHWAR MHALSEKAR., ... Applicant

Versus

SWATI SURESH MHALSEKAR., ... Respondent Shri Dharmanand R Vernekar, Advocate for the Applicant. Shri Shailesh Redkar, Advocate for the Respondent. Coram:- NUTAN D. SARDESSAI, J.

Date:- 13th December, 2019 P.C.:

Reply filed.

2. On hearing the learned Advocate, it is seen that the matter came to be dismissed as none of the parties were represented before the Court. It is contended on behalf of the applicant that on account of Ganesh Chaturthi festival celebration, the learned Advocate for the applicant was unable to appear and had requested another Advocate to hold for him

on his behalf. However, there was no representation at his instance and the matter came to be dismissed. These averments are affirmed on oath by the learned Advocate for the applicant.

3. In these circumstances, i allow the application and restore the petition to file. Without prejudice to the contentions which the petitioner might raise in the petition, he shall make the payment of an amount of `2000/- each as ordered by the learned Sessions Judge, at least in part, within three weeks from today.

4. Stands over on 10.01.2020.

NUTAN D. SARDESSAI, J.

MF/-