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Mantosh Rangaiprasad Vishwakarma and Ors. v. the State of Maharashtra and Anr.

Bombay HC9 Apr 2019APPW/126/2019

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What is this about?

Application for restoration of a writ petition dismissed for default due to absence. Court revoked dismissal order, restored proceedings, and imposed Rs. 5,000 cost payable to Kirtikar Law Library within two weeks.

What did the court decide?

Revoked order dismissing writ petition, restored petition to file, directed payment of Rs. 5,000 to Kirtikar Law Library within two weeks.

Mantosh Rangaiprasad Vishwakarma and Ors. Vs… — Civil Procedure and Limitation | Bombay HC (2019)

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68-appw-126-119

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.126 OF 2019 IN

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CRI.WRIT PETITION NO.264 OF 2019

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Mantosh Vishwakarma & Ors. .. Applicants Versus State of Maharashtra & Anr. .. Respondents

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Ms. Samrudhi Salvi for applicants Ms. Gayatri Gokhale for respondent No.2 Mrs. A.S.Pai, APP for State.

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CORAM : RANJIT MORE & SMT. BHARATI HARISH DANGARE, JJ. DATE : 9^th APRIL 2019.

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P.C.

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By an order dated 20^th February 2019 the above petition was dismissed for want of prosecution. The present application is taken out for restoration of the petition. The record of the petition shows that the same was called out for hearing twice. However, none appeared on behalf of petitioner and, therefore, the same was dismissed for default. The explanation is given any para 4 of the application that the applicant's Advocate could not remain present because of personal difficulty.

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68-appw-126-119

2] In the light of this explanation, we are inclined to revoke

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the order dated 20^th February 2019 and restore the petition to file. However, subject to payment of cost of Rs.5000/- to be paid to Kirtikar Law Library within a period of two weeks from today.

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3] Application disposed of in the above terms.

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(SMT. BHARATI H. DANGRE, J) (RANJIT MORE, J)

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68-appw-126-119

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRI. WRIT PETITION NO.264 OF 2019 WITH CRIMINAL APPLICATION NO.1126 OF 2019

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Mantosh Vishwakarma & Ors. .. Applicants Versus State of Maharashtra & Anr. .. Respondents

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Ms. Samrudhi Salvi for applicants Ms. Gayatri Gokhale for respondent No.2 Mrs. A.S.Pai, APP for State.

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CORAM : RANJIT MORE & SMT. BHARATI HARISH DANGARE, JJ. DATE : 9^th APRIL 2019.

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P.C.

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Registry is directed to place this petition for admission on 26^th

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April 2019.

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(SMT. BHARATI H. DANGRE, J) (RANJIT MORE, J)

Mantosh Rangaiprasad Vishwakarma and Ors. v. the State of Maharashtra and Anr.

Case brief

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Mantosh Rangaiprasad Vishwakarma and Ors. v. the State of Maharashtra and Anr.

Case brief

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What did the court decide?

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