Mangesh Gulab Abinave And 11 ORS. v. Municipal Corporation Of Greater Mumbai The Assistant Commissioner N Ward And 5 ORS.

dtg 19-ii-Ia-3858-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3858 OF 2024 IN WRIT PETITION NO. 1936 OF 2024 Mangesh Gulab Ahinave & Ors.

... Applicants V/s.

Municipal Corporation Of Greater Mumbai & Ors.

... Respondents _______________________________________ Adv. Kannan Kakkara for Applicants.

Adv. K.H. Mastakar i/b Adv. Komal Punjabi for Respondent No.1-MCGM. Adv. Nazia Sheikh, A.G.P. for Respondent No.2-State. Adv. Abhishek Deshmukh a/w Adv. Bhakti Wast for Respondent No.3. Adv. Yogesh Vijay Patil i/b Adv. Abhijeet Patil for Respondent No.6-SRA. _______________________________________ CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 20th February 2025.

P.C. :

1) This is an Application for restoration of Writ Petition No. 1936 of 2024, which was dismissed for non prosecution vide Order dated 14th November 2024.

2) The reasons for dismissal of Writ Petition are aptly mentioned in para Nos. 2 and 3 of the said Order.

2.1) Perusal of present Application indicates that, no sufficient cause least to say any plausible explanation is offered by the Applicants for 1/2

dtg 19-ii-Ia-3858-2024.doc restoration of Petition. However, at the request of learned Advocate for Applicants and on his statement that, for restoration of Petition, the Applicants will pay a cost of Rs.1,000/- each, totaling to Rs. 12,000/- jointly or severally to the High Court Employees Medical Welfare Fund at Mumbai, within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay. The said statement is accepted.

2.2) Details of the bank account for payment of cost are as under :- Account Name :

The High Court Employees Medical Welfare Fund at Mumbai Bank and Branch :

Bank of India, Mumbai (Main) Branch Account Number :

000120110001337 IFSC Code :

BKID0000001 3) Subject to payment of aforesaid cost within stipulated period as noted above, the Order dated 14th November 2024 is recalled and Petition is restored to file.

4) Application is accordingly allowed in terms of prayer clause (a). ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) 2/2