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Bombay High CourtCAW/316/2018disposed off

Maheshchandra Mathuradatt Balodi And ORS. v. The State Of Maharashtra Through Secretary, And ORS.

2018-08-13Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 7-WP1727.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1727 OF 2018 ALONGWITH CIVIL APPLICATION NO. 316 OF 2018 Maheshchandra Mathuradatt Balodi & Ors.

..... Applicants/ Petitioners

VERSUS

State of Maharashtra & Ors.

..... Respondents Mr.Bhaven Gala, i/b. Legal Chartered for the Applicants/Petitioners. Mr.S.D.Rayrikar, A.G.P. for the State - Respondent nos. 1 to 4. Mr.Sagar Kursija, i/b. Mr.T.D.Deshmukh for the Respondent no.6. CORAM :

R.D. DHANUKA, J.

DATE :

13th AUGUST, 2018 P.C.

Learned counsel appearing for the respondent no.6 on instruction states that the learned advocate on record would also appear for respondent no. 7 to 12 and would file Vakalatnama within one week from today. Statement is accepted. He has been instructed by the learned advocate on record to appear for the respondent nos. 6 to 12. 2.

Learned counsel appearing for the respondent nos. 6 to 12 on instruction states that his client would not oppose the Chamber Order No.1142 of 2017 filed by the petitioners in Writ Petition No.28 of 2017 and also would not oppose the chamber summons, if any, filed by the petitioners for seeking amendment to the averments, grounds and for additional prayers, if any, if sought by the petitioners in Writ Petition

kvm 2/2 7-WP1727.18 No.28 of 2017. Statement is accepted.

3.

In view of the statement made by the learned counsel for the respondent nos. 6 to 12, learned counsel appearing for the petitioners seeks to withdraw this writ petition with liberty to pursue the said Chamber Order No.1142 of 2017 and Writ Petition No.28 of 2017. 4.

Writ petition is dismissed as withdrawn with liberty as prayed. No order as to costs.

5.

It is made clear that this court has not expressed any views on the merit of the matter. All contentions on merit are kept open. 6.

In view of the dismissal of the writ petition, civil application does not survive and is accordingly disposed of. No order as to costs. [R.D. DHANUKA, J.]