Shri. Dhanraj Nathuram Aswani v. Narendra Pandurang Bramhankar And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4828 OF 2019 ALONG WITH INTERIM APPLICATION (STAMP) NO. 2875 OF 2021 IN WRIT PETITION NO. 4828 OF 2019 Narendra Pandurang Bramhankar ... Petitioner/ Applicant

Versus

State of Maharashtra and Ors.

... Respondents ALONG WITH INTERIM APPLICATION NO. 366 OF 2021 IN WRIT PETITION NO. 4828 OF 2019 Chandrashekhar Ahirrao ... Petitioner

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Narendra Pandurang Bramhankar ... Respondent ALONG WITH INTERIM APPLICATION (STAMP) NO. 4063 OF 2021 IN WRIT PETITION NO. 4828 OF 2019 Amar S. Mulchandani ... Petitioner

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Narendra Pandurang Bramhankar ... Respondent ALONG WITH INTERIM APPLICATION NO. 2535 OF 2020 IN WRIT PETITION NO. 4828 OF 2019 Shri Dhanraj Nathuram Aswani ... Petitioner

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Narendra Pandurang Bramhankar and Ors.

... Respondents

2/4 ALONG WITH INTERIM APPLICATION NO. 3971 OF 2019 IN WRIT PETITION NO. 4828 OF 2019 The Seva Vikas Co-operative Bank Ltd.

... Petitioner

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Narendra Pandurang Bramhankar and Ors.

... Respondents ****** Mr. Sachin Punde for the Petitioner.

Mr. V. A. Thorat, Senior Advocate i/by Mr.M.S. Gaya for Applicants in IAST/2875/2021.

Mr. V. A. Thorat, Senior Advocate i/by Mr. S. S. Bedekar and Mr. M.S. Gaya for the Applicant in IAST/4063/2021.

Mr. Y. S. Jahagirdar, Senior Advocate i/by Mr. Sarang S. Aradhye for the Applicants in IA/366/2021.

Mr. Milind Sathe, Senior Advocate a/w Mr. Sachin Dhakepalkar and Ms. Minal Chandnani i/by Jaiwant Chandnani and Associates for the Applicants in IA/2535/2020 and for the Respondent No.4 in WP/4828/ 2019.

Mr. Mahesh Subramanyam for the Respondent No.6 in WP/4828/2019 and Applicants in IA/3971/2019.

Mr. A. I. Patel, Addl. Govt. Pleader with Mr. Yuvraj D. Patil, AGP for the Respondent-State in WP/4828/2019.

Mr.R.S. Apte, Senior Advocate i/by Mr.S.S. Karade for the Respondent No.7.

Mr. Nilesh M. Wable for the Respondent No.8.

Mr. Narendra Pandurang Bramhankar, Petitioner - present in Court. ****** CORAM: R. D. DHANUKA AND V. G. BISHT, JJ.

DATE : 23rd MARCH, 2021.

P.C. :- .

By Interim Application (Stamp) No. 4063 of 2021, applicant Shri Amar S. Mulchandani prays for impleadment in this writ petition. 2.

Another Interim Application bearing No. 366 of 2021 is filed by

3/4 one of the respondent i.e. Chandrashekhar Ahirrao for transposition as petitioner in this writ petition. Interim Application No. 2535 of 2020 is filed by the respondent no. 4 for vacating interim order passed in this writ petition.

3.

By an order dated 9th February, 2021, this Court recorded the statement of the petitioner seeking his desire to withdraw this writ petition unconditionally. We accepted the said statement. 4.

At that stage, Mr. Thorat, learned Senior Counsel for the petitioner stated that one of the respondent no.1 may apply for his transposition, if the petitioner seeks to withdraw this writ petition. This Court accordingly directed that if any application for transposition is filed, the same shall be placed High on Board before this Court after two weeks. Pursuant to the said order, one of the third party seeks impleadment in the writ petition, whereas one of the original respondent seeks transposition in this matter. Respondent no.4 has applied for vacating interim order passed by this Court by filing an Interim Application, which is also pending.

5.

We are not inclined to allow any of those applications either for impleadment or for transposition in this writ petition which is sought to be withdrawn by the original petitioner unconditionally. The petitioner has not filed the petition in any representative capacity. These two Interim Applications i.e. Interim Application (Stamp) No. 4063 of 2021 and Interim Application bearing No. 366 of 2021 are accordingly dismissed.

4/4 6.

If the applicants files any separate writ petition, the same can be considered by this Court on its own merits. However, since applicants seek time to file separate petitions, we extend the interim relief granted by this Court for a period of four weeks.

7.

It is made clear that if the petitions are not filed by these applicants within a period of three weeks, the interim relief granted by this Court to stand vacated without further reference to Court. It is also made clear that the interim relief granted by this Court in this petition would not be extended further in this writ petition. If any interim relief is applied by the applicants in the proposed writ petitions, the same would be considered by this Court on its own merits. 8.

It is made clear that this Court has not expressed any views on the maintainability of the proposed writ petitions. All contentions of all the parties are kept open.

9.

Insofar as the Contempt Petition is concerned, the same would be heard independently.

10.

In view of this order, Interim Application filed by respondent no.4 and all other pending Interim Applications stand disposed of. 11.

Writ Petition is dismissed as withdrawn unconditionally. No order as to costs.

[V. G. BISHT, J.] [R. D. DHANUKA, J.]