Application to recall an order dismissing a writ petition for default due to the advocate's non-appearance. The court accepted the affidavit of indisposition, recalled the dismissal order, condoned delay in filing the appeal, and restored the petition.
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(16) MCA 554.2023
Sonam
IN THE HIGH COURT OF BOMBAY AT GOA
MISC. CIVIL APPLICATION NO. 554 OF 2023
IN
MISC. CIVIL APPLICATION NO. 2372 OF 2022 (F)
COMMUNIDADE OF SERULA, THR. ITS PRESIDENT, ALEX V. A. DSOUZA … APPLICANT Versus STATE OF GOA THR. CHIEF SECRETARY AND 4 ORS … RESPONDENTS
Mr. Anthony DSilva, Advocate for the Applicant.
Mr. T. Gawas, Additional Government Advocate for the Respondent-State.
Mr. P. A. Kamat, Advocate for Respondent No. 4.
Mr. Shivan Dessai along with Ms. M. Viegas, Advocates for Respondent No. 5.
CORAM:- VALMIKI SA MENEZES, J. DATED :- 15th February, 2024
P.C.:
08/09/2022 by which Writ Petition No. 1661/2021(F) was
Page 1 of 3 15th February, 2024
(16) MCA 554.2023
dismissed for default i.e. for non-appearance of the advocate for the Petitioner on this date.
order are that the advocate for the Petitioner was indisposed on the relevant date when the order of dismissal of the petition was passed. The statement is supported by an affidavit. This application is not contested by the Respondent Nos. 1 to 3. Consequently, the statement recalling the order can be accepted for the reasons stated above.
Page 2 of 3 15th February, 2024
(16) MCA 554.2023
delay in filing the appeal is allowed and delay is condoned. The Writ Petition No. 1661/2021(F) is restored
to the file.
VALMIKI SA MENEZES, J.
Page 3 of 3
15th February, 2024
Communidade of Serula, thr. its President, Alex V. A. Dsouza
State of Goa thr. Chief Secretary and 4 ors
Valmiki Sa Menezes
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
