Satish Fatechand Kamdar v. State Of Maharshtra And ORS

501.ASWP301.20-PROD.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 301 OF 2020 Satish Fatechand Kamdar ... Petitioner Vs 1 State of Maharashtra & Ors.

... Respondents Mr. Mohd. Shakeel Adenwala for the Petitioner. Mr. P.P. Kakade, GP, with Mr. B.V. Samant, AGP, for the Respondent Nos.1 to 3 - State.

CORAM : S.C. DHARMADHIKARI & R.I. CHAGLA, JJ.

MONDAY, 13TH JANUARY, 2020 P.C. :

Having heard both sides, we find that the relief that the petitioner seeks is that an application invoking the jurisdiction of the District Magistrate to claim maintenance for a senior citizen has not been disposed of. It was filed on 19th August, 2019, but it has not been disposed of although the Act expects such applications to be disposed of with urgency. SRP 1/2

501.ASWP301.20-PROD.doc It is clear from a perusal of the provisions of the Act that the applications should be disposed of and there is a time schedule for everything, including filing of the defence or reply. To our mind, though the petitioner has not disclosed why the Tribunal was not approached to seek a monthly maintenance during the pendency of the main matter, interest of justice would be served if we direct the Tribunal to dispose of the main matter within a period of two months from today. No extension will be granted to either side. This Writ Petition is disposed of by clarifying that we have not examined the rival contentions.

R.I. CHAGLA, J.

S.C. DHARMADHIKARI, J.

SRP 2/2