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Bombay High CourtCAW/855/2018disposed off

Union Of India And ORS. v. D.B. Ustoorikar

2018-04-19Hon'Ble Shri Justice M.S. Sonak,Hon'Ble Smt. Justice V.K. Tahilramani2 pages

9-CAW-855-18 IN WP-8213-04

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 855 OF 2018 IN WRIT PETITION NO. 8213 OF 2004 Union of India and ors.

...Petitioners

Versus

D.B. Ustoorikar

...Respondent

Mr. G. Hariharan i/b. A.A. Ansari for the Petitioners. CORAM : SMT. V. K. TAHILRAMANI, Acting C.J. & M. S. SONAK, J.

DATE : 19th APRIL 2018.

P.C.

1] Mr.

Hariharan, learned counsel for the applicants/Petitioners, points out that the main writ petition, i.e. Writ Petition No. 8213 of 2004 already stands disposed of by order dated 19th October 2004. 2] Mr. Hariharan points out that in the connected matters, the Union of India had instituted special leave petitions before the Hon'ble Supreme Court, which were converted into Civil Appeal Nos. 1462 and 1463 of 2006. Since, such appeals were pending, Civil Application No. 855 of 2018 was taken out to seek for some extension of time D.S.Sherla page 1 of 2

9-CAW-855-18 IN WP-8213-04 to comply with the directions in the writ petition. By order dated 17th March 2015, Civil Appeal No.1462 of 2006 and Civil Application No. 1463 of 2015 had been dismissed by the Hon'ble Supreme Court.

3] Mr. Hariharan points out that thereafter, the petitioners have complied with the directions issued by this court and paid to the respondent a sum of Rs.3,31,346/- vide cheque No. 436430 dated 19th August 2015. He submits that amount has been duly received by the respondent. He therefore, submits that time for compliance may be formally extended till the date of payment and the civil application be disposed of.

4] Accordingly, we formally extend the time and dispose of Civil Application No. 855 of 2018.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) D.S.Sherla page 2 of 2