Allowed

M/S. Mallu and Talda Developers, through Its Partner Pravin Balkrishnaji Maloo v. the Inspector General of Registration and Controller of Stamps and Others

Bombay HC12 Jul 2016CAO/1132/2016

Case brief

AI extract

What is this about?

The Single Judge recalled its order dated 17.3.2016 dismissing a writ petition in default and restored the petition to file. The court accepted counsel's affidavit supporting condonation of a 69-day delay in filing the restoration application.

What did the court decide?

Order dated 17.3.2016 recalling dismissal order in default is recalled and Writ Petition No.4113 of 2015 is restored back to file.

M/S. Mallu and Talda Developers, through Its… — Civil Procedure and Limitation | Bombay HC (2016)

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cao1132.16 & mca st.12868.16

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

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CIVIL APPLICATION (CAO) NO.1132 OF 2016 WITH MCA ST.NO.12868 OF 2016 IN

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WRIT PETITION NO.4113 OF 2015 M/s. Mallu And Talda Developers, through its Partner Pravin Balkrishnaji Maloo

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..vs..

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The Inspector General of Registration and Controller of Stamps, New Administrative Building, Ground Floor, Opposite Councilor Hall, Pune-1 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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Court's or Judge's Order

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Shri M.A. Vashnav, counsel for the applicant. Mrs.A.R. Kulkarni, AGP for the non-applicants.

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CORAM : B.P. DHARMADHIKARI & KUM. I.K. JAIN, JJ. DATED : JULY 12, 2016.

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Heard.

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Prayer is to recall order dated 17.3.2016, dismissing Writ Petition No.4113 of 2015 in default, by condoning delay of 69 days in filing restoration application.

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While dismissing the writ petition, in default, costs of Rs.2,000/- was imposed and has been paid.

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Learned counsel Shri Vaishnav for the applicant submits that counsel representing the applicant in writ petition had undergone bypass surgery and, therefore, could not remain present. The dismissal of the writ petition, in default, came to be noticed belatedly.

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This Court has, issued notice in the matter on

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.....2/-

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cao1132.16 & mca st.12868.16

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4.8.2015. Learned Assistant Government Pleader Mrs. A.R. Kulkarni submits that she is still awaiting instructions.

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The application for condonation of delay as also for restoration of the writ petition are supported by affidavit of learned counsel. We, therefore, find nothing wrong.

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As such, we recall order dated 17.3.2016. Writ Petition No.4113 of 2015 is restored back to file. Registry to verify whether the writ petition needs to be listed before learned Single Judge of this Court.

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The applications are disposed of accordingly.

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JUDGE JUDGE

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!! BRW !!

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...../-

M/S. Mallu and Talda Developers, through Its Partner Pravin Balkrishnaji Maloo v. the Inspector General of Registration and Controller of Stamps and Others

Case brief

What is this about?

What did the court decide?

M/S. Mallu and Talda Developers, through Its Partner Pravin Balkrishnaji Maloo v. the Inspector General of Registration and Controller of Stamps 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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