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Bombay High CourtWP/12/2002disposed off

Trustees Of The Oriental Education Trust v. Nilima Valmik Khairnar And ORS.

2017-02-07Hon'Ble Shri Justice A.A. Sayed2 pages

1/2 wp-4497-01 & 12-02.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 4497 OF 2001 Trustees Of The Oriental Education Trust ....Petitioner V/S Nilima Ashok Pagare And Ors.

....Respondent WITH WRIT PETITION NO. 12 OF 2002 ...

Trustees Of The Oriental Education Trust ....Petitioner V/S Nilima Valmik Khairnar And Ors.

....Respondent ...

Mr.Hitesh Buch with Mr.S.K.More for the Petitioner. Mr.R.S.Apte, Sr.Counsel a/w Mr.M.S.Lagu, for the Respondent No.1. Mr.A.R.Metkari, AGP for the State.

Mr.Sanjeev P. Kadam for the Respondent No.2.

...

CORAM : A.A. SAYED, J.

DATED : 7 FEBRUARY 2017 P.C.:

On the request of the learned Counsel for the Petitioner, leave is granted to amend the Petitions by adding Ulhasnagar Municipal Corporation as a party-Respondent. Amendment to be carried out forthwith.

Uday.P.Kambli 1/2

2/2 wp-4497-01 & 12-02.doc 2.

On the request of the learned Counsel for the Petitioner, Writ Petitions are allowed to be withdrawn. Necessary consequences shall ensue. The letter dated 2 February 2017 addressed by the Petitioner to their advocate is taken on record and marked "X" for identification. 3.

In view of the withdrawal of the Petitions, the Petitioner would be entitled to the amount which has been deposited by it pursuant to the order dated 19 January 2004 passed in Civil Application No.110 of 2003 in Letters Patent Appeal No.68 of 2003 (against Civil Application No.1301 of 2002 in Writ Petition No.4497 of 2001 and other connected matters), alongwith accrued interest,. So far as the balance amount of 50% is concerned, liberty is granted to the Respondent-teachers to make appropriate Application.

4.

The statement of the learned Counsel for the Petitioner is accepted that they will submit necessary Pay Bills of the Respondent-teachers to the concerned Authority of Ulhasnagar Municipal Corporation within four weeks from today.

5.

Petitions to stand disposed of.

(A.A. SAYED, J.) Uday.P.Kambli 2/2