Union Of India And Others v. Akhileshwar Shukla

caw-161.10.doc pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL APPLICATION NO.161 OF 2010 IN WRIT PETITION NO.4956 OF 2007 Union of India and Ors.

... Applicants Vs.

Akhileshwar Shukla ... Respondent Mr. Ashutosh Kumar Singh i/b. Suresh Kumar for the Applicants. CORAM :

A.S.OKA AND M.S. SONAK, JJ.

DATE :

31st OCTOBER 2018.

P.C. :

Heard the learned counsel appearing for the applicants. Writ petition filed by the applicants was dismissed for non-compliance with the order dated 26th October 2007. The writ petition was dismissed on the failure of the applicants to furnish correct address of the respondent. The Advocate for the applicants has filed his personal affidavit in support of the application. In view of the averments made in the application, one chance deserves to be given to the applicants to make procedural compliance and to prosecute the petition. Accordingly, we pass the following order :-

ORDER

(i) Civil application is allowed in terms of prayer clauses (a) and (c) subject to condition of the applicants complying with the order dated 26th October 2007 within a period of one month from today. If compliance is not made within a period of one month, the order of dismissal shall stand. If compliance is

caw-161.10.doc made within a period of one month, a notice of the writ petition be issued to the respondent returnable on 20th December 2018;

(ii) Ad-interim relief was granted on 29th June 2007 which stood vacated as a result of the dismissal of the petition in the year 2007. We make it clear that we have not restored the said adinterim relief. We grant liberty to the applicants to apply for ad-interim relief for making compliance.

(M.S. SONAK, J.) (A.S.OKA, J.)