This court allowed a motion for restoration of a writ petition dismissed in default after finding the applicant's explanation satisfactory. The petition was restored to the file.
The writ petition was restored to the file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
901-nmw-348-12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.348 OF 2012
IN
WRIT PETITION NO.766 OF 2012
Raziya Begum Hajimiya Shaikh ....Applicant. In the matter between Raziya Begum Hajimiya Shaikh ....Petitioner. Versus The Municipal Corporation of Gr.Bombay and Ors. ...Respondents.
Ms. Kanchan S. Kambli i/by Vandana, advocates for the applicant/Petitioner.
Ms. K.H.Mastakar, advocate for respondent no.1.
CORAM : RANJIT MORE, J.
DATED : April 3, 2013.
P.C.:
Heard learned counsel appearing for the applicant and
respondent no.1, respectively. None appears for rest of the respondents, though served.
2 Present motion is taken out for restoration of the above writ petition, which was dismissed in default on 28th August, 2012, as none
Shivgan
2
901-nmw-348-12
appeared on behalf of the applicant (original petitioner) when the petition was called out for admission. Applicant has given reasons for the same in paragraph 7 of the motion as to in what circumstances, she or her counsel could not appear when the petition was called out for admission. Explanation in my view, is satisfactory. In the circumstances, writ petition is restored to the file and the motion is allowed in terms of prayer clauses (A) and (B).
(RANJIT MORE, J.)
Shivgan
1 issue framed by the court
Whether the writ petition should be restored after being dismissed in default.
Raziya Begum Hajimiya Shaikh
Raziya Begum Hajimiya Shaikh
The Municipal Corporation of Greater Bombay
Ranjit More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
