Bombay High CourtIA/2720/2024disposed off

Darshan Developers And ORS v. The State Of Maharashtra And ORS

2024-07-19Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

1/2 10 IA 2720-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2720 OF 2024 IN WRIT PETITION NO. 858 OF 2017 Darshan Developers and ors ..

Applicants

Versus

The State of Maharashtra and ors ..

Respondents ...

Mr. Gaurav Lele i/b Susmit Phatak for the applicant. Mr.D.J. Haldankar, APP for the State.

CORAM:BHARATI DANGRE & MANJUSHA DESHPANDE,JJ.

DATED : 19th JULY, 2024 P.C:- Interim Application seek restoration of the Writ Petition which was dismissed on 25/1/2024 for want of prosecution.

We have perused the application and heard the counsel for the applicant. It is specifically noted that the matter was fixed on weekly Board for the purpose of final hearing and in fact, some query was raised by the Court and for that purpose, it was requested to be kept back, but was not called during the course of the day.

Tilak

2/2 10 IA 2720-24.doc Thereafter, when the matter was listed on 25/1/2024, the Advocate could not reach the Court which resulted in its dismissed.

Considering that the lapse on part of the Advocate was bonafide, and in any case, it shall not affect the petitioner, we deem it appropriate to restore the petition to its file, with a specific direction that upon its restoration, the Writ Petition is directed to be listed on 6/8/2024.

Issue notice to the respondents, making it returnable on 6/8/2024.

(MANJUSHA DESHPANDE,J) (BHARATI DANGRE, J.) Tilak