Dhavalchindra Balkrishna Doshi v. State Of Maharashtra And ORS

1 CAW 331­16 in WP 9894­10.odt­37

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.331 OF 2016 IN WRIT PETITION NO.9894 OF 2010 Shri Dhavalchandra Balkrishna Doshi.

] ... Applicant

Versus

State of Maharashtra & Ors.

] ... Respondents Mr. K. J. Phakade for Applicant.

Mr. A. I. Patel, Addl. G. P. for State ­ Respondent No.1. Mr. Kunal Naik i/b Mr. Madhav Jamdar for Respondent Nos.2 & 3. Mrs. A. R. S. Baxi for Respondent Nos.4 & 5.

CORAM :­ SHANTANU KEMKAR & SARANG V. KOTWAL, JJ.

DATE :­ AUGUST 20, 2018 P. C. :­ 1.

Parties through their Counsel.

2.

Civil Application No.331 of 2016 is filed for restoration of Writ Petition No.9894 of 2010 which suffers dismissal on 30/01/2012 for want of prosecution.

URS 1 of 2

2 CAW 331­16 in WP 9894­10.odt­37 3.

It appears that the restoration application was filed on 10/02/106. As per the office note, the restoration application is filed in time.

4.

Taking into consideration the aforesaid facts and the reasons stated in the application, we are satisfied that there was sufficient cause for non­appearance of the learned Counsel for the Petitioner when the case was called out. In the circumstances, we allow the application and restore Writ Petition No.9894 of 2010 to its original number. Writ Petition be listed for admission on 27/09/2018.

5.

Civil Application stands disposed of.

(SARANG V. KOTWAL, J.) (SHANTANU KEMKAR, J.) URS 2 of 2