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Bombay High Court

Chief Executive Officer And Another vs Vishal Fishers Business Co Operative ... on 9 September, 2021

Author: R.N. Laddha

Bench: S.V. Gangapurwala, R.N. Laddha

                                                            CA No.9301/21
                                      1


                    IN THE HIGH COURT AT BOMBAY
                 APPELLATE SIDE, BENCH AT AURANGABAD

                  914 CIVIL APPLICATION NO.9301 OF 2021
                  IN WP/6426/2021 WITH WP/6426/2021

            CHIEF EXECUTIVE OFFICER AND ANOTHER
                                VERSUS
      VISHAL FISHERS BUSINESS CO OPERATIVE SOCIETY AND
                              ANOTHER
                                   ...
      Advocate for Applicants : Mr. A.B. Girase h/f. Mr. R.D. Raut
             AGP for Respondents State : Mr. S.P. Tiwari
          Advocate for petitioner in WP : Mr. S.B. Choudhari
                                   ...

                               CORAM : S.V. GANGAPURWALA &
                                       R.N. LADDHA, JJ.

DATED : 09/09/2021.

PER COURT :

. Present civil application is for recalling of the order dated 13.8.2021 passed in Writ Petition No. 6246/2021, issuing bailable warrant as against the applicants. This Court was constrained to issue bailable warrant. The applicants did not appear in spite of notice of admission and subsequently, the notice of final disposal.

2. Mr. Girase, learned advocate for the applicants submits that non appearance of the applicants was not intentional ::: Uploaded on - 18/09/2021 ::: Downloaded on - 11/10/2021 20:46:13 ::: CA No.9301/21 2 and deliberate, but caused due to oversight and confusion. The applicant tendered unconditional apology for the inconvenience caused to the Court and delay in the proceeding caused due to their non appearance.

3. We have also heard Mr. Choudhari, learned advocate for petitioner.

4. We accept the unconditional apology tendered by the applicants with a rider that henceforth they shall be vigilant in attending the Court matters.

5. For the reasons stated in the application, the order dated 13.8.2021 passed in Writ Petition No. 6246/2021 issuing bailable warrant as against applicants is recalled. Civil Application is disposed of.

[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.] ssc/ ::: Uploaded on - 18/09/2021 ::: Downloaded on - 11/10/2021 20:46:13 :::