Atul Chandrakant Shende vs Additional Commissioner (Crime) And ...
2024 Latest Caselaw 24844 Bom

Bombay High Court

Atul Chandrakant Shende vs Additional Commissioner (Crime) And ... on 27 August, 2024

Author: M.S. Sonak

Bench: M.S. Sonak

                                                      916-ASWPIST-21652-2024.DOC




                                                                                Sumedh




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
              INTERIM APPLICATION (ST) NO. 21652 OF 2024
                                          IN
                     WRIT PETITION NO. 12048 OF 2017


 Mission Possible Foundation                                           ...Applicant
       In the matter between
 Mission Possible Foundation                                          ...Petitioner
       Versus
 Municipal Commissioner, Pune & Ors                                ...Respondents

Mr Harshvardhan Bhende (VC), for the Applicant. Mr AA Alaspurkar, AGP, for the Respondent-State. Ms Madahv Ayyappan, i/b Thakar & Associates,for Respondent No.

1.

                               CORAM:        M.S. Sonak &
                                             Kamal Khata, JJ
                               DATED:        27th August 2024
 PC:-

INTERIM APPLICATION (ST) NO. 21652 OF 2024

1. Heard learned counsel for the parties.

916-ASWPIST-21652-2024.DOC

2. The detailed application has been filed giving the reasons why no steps could be taken in this matter for non-appearance on the date when the Petition came to be dismissed for default.

3. One of the main reason is the passing of the Petitioner's Advocate and also the critical health condition of Dr Ravindra Kasbekar, the President of the Applicant's organization.

4. We have considered the averments in the Interim Application and in our judgment, such averments, constitute sufficient cause not only for restoration of the Writ Petition but also for restoration of the interim relief granted herein on 27/10/2017. In addition, Mr Bhende, learned counsel for the Applicant has assured this Court that henceforth, the matter would be diligently attended.

5. On cumulative consideration of all the above circumstances, we recall our order dated 18 July 2024 dismissing this Petition for non prosecution and restore Writ Petition No. 12048 of 2017 and the interim order granted therein on 27/10/2017.

6. Interim Application is disposed of.

WRIT PETITION NO. 12048 OF 2017

7. By a separate order we have restored this Writ Petition.

916-ASWPIST-21652-2024.DOC

8. Place this Petition on 24 September 2024. Learned counsel for the parties state that pleadings are complete in this Petition.

 (Kamal Khata, J)                                          (M.S. Sonak, J)