Allowed

Smt. Gurabai Gurmukhdas Mattani and 4 Others v. Amravati Municipal Corporation through Commissioner Amravati

Bombay HC20 Feb 2018MCA/238/2018

Case brief

AI extract

What is this about?

This miscellaneous civil application seeks condonation of a sixty-day delay in filing a restoration petition. The court allowed the application, recalling the dismissal order subject to cost payment, and listed the writ petition for final hearing.

What did the court decide?

The dismissal order dated 03.05.2017 is recalled subject to payment of costs of Rs. 500; the writ petition is restored and listed for final hearing.

Smt. Gurabai Gurmukhdas Mattani and 4 Others… — Civil Procedure and Limitation | Bombay HC (2018)

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CAO1769-17

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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C.A.O. NO.1769/2017 IN MCA ST. NO.16844/2017 IN W.P. NO. 2718/2013 (D) (GURABAI GURUMUKHDAS MATTANI & OTHERS VERSUS AMRAVATI MUNICIPAL CORPORATION, AMRAVATI)

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

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- - - - Shri S.S. Chavan, Advocate h/f Shri P.S. Khubalkar, counsel for the applicants. Shri S.S. Alaspurkar, counsel for the non-applicant.

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CORAM : SMT. VASANTI A NAIK AND

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A.D. UPADHYE, JJ. DATE : FEBRUARY 20, 2018.

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Heard the learned counsel for the parties. Perused the contents of the application.

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Though the learned counsel for the non-applicant strongly opposes the prayer made in the application, for the reasons stated in the same, the delay of sixty days in filing the restoration application is condoned. The civil application is allowed and disposed of.

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M.C.A. ST. NO.16844/2017 .

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Heard. Perused the contents of the application.

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It is stated on behalf of the applicants that after the writ petition was dismissed, the applicants contacted the counsel and informed him that the writ petition should have been prosecuted. It is stated that at the relevant time since clear instructions were not available, the learned counsel had informed the Court that there were no instructions in the matter.

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Since the writ petition needs to be decided on merits rather than dismissing the same for want of instructions, the order dismissing the writ petition needs to be recalled.

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Hence, the miscellaneous civil application is allowed.

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CAO1769-17

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The order dated 03.05.2017 is hereby recalled subject to payment of costs of Rupees Five Hundred to the High Court Bar Association, Nagpur within one week. If the costs are paid and the writ petition is restored to file, the same may be listed for final hearing as per its turn.

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The miscellaneous civil application is disposed of in the aforesaid terms.

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JUDGE JUDGE

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APTE

Smt. Gurabai Gurmukhdas Mattani and 4 Others v. Amravati Municipal Corporation through Commissioner Amravati

Case brief

What is this about?

What did the court decide?

Smt. Gurabai Gurmukhdas Mattani and 4 Others v. Amravati Municipal Corporation through Commissioner Amravati

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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