In a civil application seeking recall of an order dismissing a writ petition for non-prosecution, the court granted the application and restored the petition to file along with the order of admission and interim relief.
Civil application granted; petition restored to file with order of admission and interim relief.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Civil Application No. 3088 of 2006 in Writ Petition No.3692 of 2003
Mc Dowell & Co Ltd and anr Applicants.
vs State of Maharashtra and ors ..Respondents Mr. D.B.Sawant for the Applicants. Mr. S.R. Nargolkar AGP for State.
CORAM: H.L.GOKHALE, Acg C.J. , & V.M.KANADE, J. DATE: JANUARY 16, 2007.
P.C.:-
Heard Mr. Sawant in support of this application and Mr. Nargolkar, AGP, for respondents. This civil application seeks recall of the order dated 12.4.2006 when the petition was dismissed for non prosecution. Explanation is given in the application as to why nobody was present when the matter ws called out. Mr Nargolkar, leaves to us to pass appropriate order.
In the circumstances civil application is granted in terms of prayer clause (a). Petition stands restored to file alongwith the order of admission and interim relief.
To be heard alongwith Writ Petition No.3691 of 2006. Civil Application stands disposed of.
ACTING CHIEF JUSTICE
V.M.KANADE J.
Mc Dowell & Co Ltd
State of Maharashtra
H.L.Gokhale
V.M.Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
