Allowed restoration of a civil matter dismissed for default after 3090 days delay, attributing dismissal to clerical error in spotting case number under a computerized system, on condition of payment of Rs.10,000/- as cost.
Restored the matter to the file subject to the petitioner paying Rs.10,000/- as cost.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.350/2008 IN WRIT PETITION NO.640/98
M/s Fair Mount Textiles Indus.Pvt.Ltd. PETITIONER Vs.
The Municipal Corporation of Gr.Bombay RESPONDENT
Mr.M.P.S.Rao with Sandeep Waghmare for petitioner Mr.N.A.Shaikh for the respondent
CORAM : S.A.BOBDE , J. DATE : 23rd SEPTEMBER,2008.
P.C.
The petitioner has applied for restoration of the matter dismissed for default . There is delay of 3090 days for applied for restoration . Mr.Rao points out that when the matter came up for hearing before this court it was not noticed by the Clerk who has filed affidavit to that effect. This court adjourned the matter to later date . On that date also the matter was missed . Hence the advocate did not appear. The petitioner has stated that it is only after the Bombay High Court administration started computerised information system for easy access of the information and status of the case for the litigants and general public he came to know about the dismissal of the case on
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25.6.2008. The learned counsel further points out that there has been no alteration in the circumstances and no action has been taken by the respondent in the intervening period . The matter pertains to loft in the premises and no injury to any other party is invoked. Hence having regard to the circumstances of the case the matter is restored to the file subject to the petitioner paying sum of Rs.10,000/- as cost to the State Legal Services Authority .
(S.A.BOBDE,J.)
1 issue framed by the court
Whether to restore a matter dismissed for default after a delay of over 3 years.
M/s Fair Mount Textiles Indus.Pvt.Ltd.
The Municipal Corporation of Gr.Bombay
S.A. Bobde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
