This order recalls and sets aside a dismissal order, restoring the Writ Petition to file. It directs the admission of the 2002 petition and requires service notice on respondents.
Self-operative order dated 21.07.2003 recalled; Writ Petition restored to file and placed for admission on 01.08.2016.
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.
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Chittewan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL SIDE
CIVIL APPLICATION NO.1794 OF 2016 IN WRIT PETITION (ST) NO.45247 OF 2002 R.C. No.1861 of 2003
Shri Hansnath Gupta … Applicant Versus Aditya Vidhyut Appliance Pvt. Ltd. And Others … Respondents
… Respondents
Mr. I.R. Kulkarni for the Applicant.
CORAM : S.C.GUPTE, J.
DATE : 20 JULY 2016.
P.C. :
. The Civil Application seeks recall and setting aside of an order of dismissal for non removal of office objections. The Civil Application is allowed and the self operative order of the Registrar dated 21 July 2003 is recalled and set aside and the Writ Petition is restored to file.
2 Surprisingly, even though the Petition is of the year 2002, it is not yet admitted. Place the Petition for admission on 1 August 2016. The Petitioner to give a notice of today's order and the next date for admission of the Petition to the Respondents, and file an affidavit of service by the next date.
3 issues framed by the court
whether to recall the self-operative order of dismissal for non-removal of office objections and restore the writ petition to file
whether to place the older writ petition for admission
whether to direct the petitioner to give notice of the order and file an affidavit of service
Hansnath Gupta
Aditya Vidhyut Appliance Pvt. Ltd.
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
