Ajay Madhukar Aspat v. Union Of India And ORS.

PVR 1/2 901wp11476-15-2332-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 11476 OF 2015 Gopinath Kisan Shinde

...Petitioner

Versus

Union Of India Through Its Deputy Secretary, Ministry Of Defence, Dept. Of Defense And Ors.

...Respondents

WITH Writ Petition NO. 2332 OF 2016 Ajay Madhukar Aspat

...Petitioner

Versus

Union Of India And Ors.

...Respondents

Mr.Ramchandra K.Mendadkar, for the Petitioners in both the Petitions. Mr.Vinod Joshi with Mr.Neel Helekar, for Respondent Nos.1 and 2 in Writ Petition No.11476.

Mr.G.Hariharan with Mr.Advait M.Sethna I/b. Mr.A.A.Ansari, for Respondent Nos.1 and 2 in WP 2332/16.

Mr.V.N.Sagare, AGP for the State -Respondent no.3 in both the Petitions. ---- CORAM :

ANOOP V. MOHTA & G.S. KULKARNI, JJ.

DATE :

15th October, 2016.

---- ORDER :

1.

On hearing the parties, as preliminary objection is raised by the learned Counsel appearing for Respondent Nos.1 and 2 that the

PVR 2/2 901wp11476-15-2332-16.doc remedy of departmental appeal is available to the Petitioners, the learned Counsel appearing for the Petitioners in both the Writ Petitions, on instructions, submits that the Petitioners will file appeal within two weeks. The Respondents to consider the same in accordance with law, as early as possible, preferably within eight weeks, keeping in mind the pendency of these petitions and time so consumed and the order which we have passed pursuant to the preliminary objection.

2.

The learned Counsel appearing for the Respondents conceded that they will not raise any objection about the delay, if any, in filing Appeals.

3.

The Writ Petitions are therefore, disposed of with the above liberty. All the contentions are kept open.

(G.S.KULKARNI, J.) (ANOOP V. MOHTA, J.)