Dr. N. T. Venugopal v. The Dean, D. Y. Patil Medical College, Kolhapur And ORS

*1* caw.2763.13.2134.12.7.as kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2763 OF 2013 IN WRIT PETITION NO.2134 OF 2012 Dr.N.T.Venugopal.

..Petitioner -VersusThe Dean, D.Y.Patil Medical College, Kolhapur and others.

..Respondents ...........

Mr.Mandar Limaye, for the Petitioner/Applicant. ...........

CORAM: S.C. DHARMADHIKARI AND R.Y. GANOO, JJ.

DATE :- 20th November, 2013 PC:

On 14.01.2013 the notice was directed to be issued to the Respondents before admission, but it appears that the notice was issued on 02.02.2013. Thereafter, the notice packet was not received either served or unserved from the Respondents. That there is no order permitting private service does not mean that the Advocate or the Petitioner will not attend the matter and report compliance as to whether the notices have been served or make inquiries from the Registry in that behalf.

For the lapse on the part of either of them, merit of the case should not suffer particularly when there is no lack of bonafide. In these circumstances the Civil Application is granted and the Writ Petition is

*2* caw.2763.13.2134.12.7.as restored to the file, but on the condition that the unserved Respondents are served and compliance is reported within four weeks. Liberty to serve privately is also granted. The Civil Application is, accordingly, disposed of. No costs.

(R.Y. GANOO, J.) (S.C. DHARMADHIKARI, J.)