Allowed

Smt. Vinita Vijendra Kalkhore v. State of Maharashtra, through the Secretary, Ministry of Home, Mumbai and Others

Bombay HC8 Dec 2015APPW/172/2015

Case brief

AI extract

What is this about?

The High Court of Nagpur Bench condoned a 46-day delay in filing an application for restoration of a writ petition dismissed in default. The court recalled the dismissal order, restored the writ petition to its file, disposed of the restoration application, and listed the writ petition for further consideration on 13.01.2016, noting that notice to the State was waived and previously issued.

What did the court decide?

Delay condoned; writ petition CWP No. 646 of 2015 restored to file and listed for further consideration.

Smt. Vinita Vijendra Kalkhore Vs State of… — Civil Procedure and Limitation | Bombay HC (2015)

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appp1366.15

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

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CRIMINAL APPLICATION (APPP) NO.1366 OF 2015 IN

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CRIMINAL APPLICATION (APPW) NO.172 OF 2015 IN

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CRIMINAL WRIT PETITION NO.646 OF 2015 Smt. Vinita Vijendra Kalkhore

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..vs..

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State of Mah., thr the Secretary, Ministry of Home, Mantralaya, Mumbai and ors

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....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders

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Shri R.S. Renu, counsel for the applicant. Shri R.S. Nayak, Addl.P.P. for the State.

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CORAM : B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ. DATED : DECEMBER 8, 2015.

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Heard .

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Prayer is to condone the delay of 46 days in filing the application for restoration of Criminal Writ Petition No.646 of 2015. That writ petition has been dismissed in default on 1.9.2015.

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Learned Addl.P.P. is seeking time to obtain instructions. However, we find the application is supported by personal affidavit of learned counsel and there are no mala fides . As such, we condone the delay.

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The criminal application is disposed of as such.

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appp1366.15

CRIMINAL APPLICATION (APPW) NO.172 OF 2015

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Today, we have condoned the delay. Therefore, the application for restoration of the criminal writ petition is taken up for hearing.

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For the reasons recorded while condoning the delay, we recall order dated 1.9.2015.

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The writ petition is restored back to file. Learned Addl.P.P. waives service. The criminal application is disposed of.

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CRIMINAL WRIT PETITION NO.646 OF 2015

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Heard .

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The matter is restored today back to file. Learned Addl.P.P. has waived notice. The notice was already issued on 10.8.2015. Hence, we place the criminal writ petition for further consideration on 13.1.2016.

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JUDGE JUDGE

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!! BRW !!

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...../-

Smt. Vinita Vijendra Kalkhore v. State of Maharashtra, through the Secretary, Ministry of Home, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Smt. Vinita Vijendra Kalkhore v. State of Maharashtra, through the Secretary, Ministry of Home, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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