The court allowed a Civil Application to restore an appeal previously dismissed for default, imposing a cost of Rs.5000 payable to the Maharashtra State Legal Services Authority.
Civil Application No.1514 of 2012 was allowed; Appeal from Order No.1100 of 2012 was restored; Applicant to pay Rs.5000 cost.
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.
14 caa351-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.351 OF 2014 IN
APPEAL FROM ORDER NO.1100 OF 2012
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Ms.Megha Keluskar h/f Mr.S.D.Patil for the applicant
Mr.Mahendra Agvekar i/b Mr.Mandar Limaye for respondent nos.14(1) to 14(2)
Mr.S.R.Patil for respondent nos.1 to 5
CORAM : K.K.TATED, J. DATED : 23/06/2014
PC :
3 This application is for restoration of Appeal from Order No.1100 of 2012 which was dismissed for default by order dt.20.01.2014. 4 Considering the submissions made by learned counsel for the applicant and averments made in Civil Application, I am satisfied that
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14 caa351-14.doc
applicant has made out the case for allowing the Civil Application. At the same time, applicant to pay cost of Rs.5000/-. Cost to be deposited in the office of the Maharashtra State Legal Services Authority within four weeks from today, failing which Civil Application shall stand dismissed without referring back to the court. Hence, following order:
a Appeal from Order No.1100 of 2012 with Civil Application No.1514 of 2012 restored on filed by recalling the order dt.20.01.2014. b Applicant to pay cost of Rs.5000/- within four weeks from today in the office of Maharashtra State Legal Services Authority, failing which Civil Application shall stand dismissed without referring back to the court.
c Civil application is disposed of accordingly.
(K.K.TATED, J.)
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1 issue framed by the court
Whether the Civil Application for restoration of an appeal dismissed for default is allowed.
Megha Keluskar h/f Mr.S.D.Patil
Respondent nos. 1 to 5
Respondent nos. 14(1) to 14(2)
K.K.TATED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
