Sachin Dilip Shahane and Ors. v. Vaibhavi @ Pratisha Sachin Shahane and Anr.
Case brief
What is this about?
The High Court of Bombay set aside an order dismissing a criminal writ petition for default and restored it to the original file, as sufficient cause for absence was shown and respondents raised no objection. Hearing deferred.
What did the court decide?
Set aside the order of dismissal dated 12.04.2017; restored the Writ Petition to the original file.
What the court decided
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.245 OF 2017 IN CRIMINAL WRIT PETITION NO.3539 OF 2015
Sachin Dilip Shahane & Ors. .… Applicants V/s. Vaibhavi @ Pratisha Sachin Shahane & Anr. …. Respondents
Mr. Abhaykumar Apte for the Applicants.
Ms. Meghna Pujari, i/by Mr. Shriram S. Kulkarni, for Respondent No.1. Mr. S.R. Aagarkar, A.P.P., for Respondent No.2-State.
CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.
DATE : 18 TH DECEMBER 2017.
P.C. :
- Heard learned counsel for the Applicants, learned Counsel for Respondent No.1 and learned A.P.P. for Respondent No.2-State.
- This is an application for setting aside order dated 12th April 2017 passed by this Court, thereby dismissing the Criminal Writ Petition No.3539 of 2015 for default. Learned counsel for the Applicants relies on the averments made in paragraph No.3 of the application, thereby giving sufficient cause for their absence before this Court when the impugned order came to be passed.
Issues for consideration
1 issue framed by the court
Whether the application for setting aside the default dismissal of the criminal writ petition should be allowed given sufficient cause for absence and no objection from respondents.
Parties & counsel
- applicant
Sachin Dilip Shahane & Ors.
- respondent
Vaibhavi @ Pratisha Sachin Shahane & Anr.
Coram
Shalini Phansalkar-Joshi
Case details
As recorded by the court registry
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