Shri. Satnamsing Rasgotra v. Ankush Kerba Thonge And ORS

1 RC 1225-15.doc-3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REJECTED CASE NO.1225 OF 2015 IN WRIT PETITION NO.10818 OF 2014 Shri Satnamsing Rasgotra.

] ... Petitioner

Versus

Ankush Kerba Thonge and Ors.

] ... Respondents Mr. R. M. Haridas for Petitioner.

CORAM :- M. S. SONAK, J.

DATE :- DECEMBER 23, 2015 P. C. :- 1.

This is a review petition taken out by the original respondent no.4.

2.

The learned Counsel for petitioner states that the concession recorded in para 5 of the order dated 21/01/2015, was a result of mis-communication between himself and his client. Accordingly, he submits that he should be permitted to withdraw the concession.

3.

Considering the contentions raised, the concession can be permitted to be withdrawn and is hereby permitted to be withdrawn. URS

2 RC 1225-15.doc-3 However, upon perusal of the order dated 21/01/2015, it is quite clear that the same was not merely upon the concession. This Court, in para 7, has observed that the appointment of administrator is a serious matter and the same should not be resorted to for the purposes of settlement of disputes which are mostly private in nature, apart from being trivial. Therefore, even after the learned Counsel for respondent no.4 is permitted to withdraw his concession, the net result will not change. Accordingly, there is no reason to review the order dated 21/01/2015. The Review Petition is disposed of in the aforesaid terms.

(M. S. SONAK, J.) URS