M/S Eagle Wines v. The Municipal Corporation Of City Of Pune And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4760 OF 2010 M/s. G.S.P. Wines Petitioners V/s.

The Municipal Corporation of City of Pune & Ors. Respondents WITH WRIT PETITION NO. 4702 OF 2010 M/s. Eagle Wines Petitioners V/s.

The Municipal Corporation of City of Pune & Ors. Respondents WITH WRIT PETITION NO. 4767 OF 2010 M/s. Dolphin Wines through its Sole Proprietor Petitioners V/s.

The Municipal Corporation of City of Pune & Ors. Respondents WITH WRIT PETITION NO. 4768 OF 2010 M/s. Taj Wines through its Sole Proprietor Petitioners V/s.

The Municipal Corporation of City of Pune & Ors. Respondents WITH WRIT PETITION NO. 4764 OF 2010 M/s. Swastik Wines Petitioners V/s.

The Municipal Corporation of City of Pune & Ors. Respondents WITH WRIT PETITION NO. 4769 OF 2010 Kiran Kawre 1/3

M/s. Mayur Wines through its Sole Proprietor Petitioners V/s.

The Municipal Corporation of City of Pune & Ors. Respondents WITH WRIT PETITION NO. 4765 OF 2010 M/s. Angur Wines Petitioners V/s.

The Municipal Corporation of City of Pune & Ors. Respondents WITH WRIT PETITION NO. 4766 OF 2010 Archana Wines Petitioners V/s.

The Municipal Corporation of City of Pune & Ors. Respondents WITH WRIT PETITION NO. 4770 OF 2010 French Wines Petitioners V/s.

The Municipal Corporation of City of Pune & Ors. Respondents ----- None for the petitioners.

Mr Abhijeet Kulkarni aw Mr Gourav Shahane aw Mr Krishna Jaybhay aw Ms Sweta Shah for respondent Nos. 1 to 3.

Mr. P. P. Kakde, G. P. a/w. P.P. Pujari, AGP for the Respondent/State. ----- C0RAM : G. S. KULKARNI & FIRDOSH P. POONIWALLA,JJ.

DATE : FEBRUARY 05, 2024 PC :

1.

Learned Government Pleader, Appellate Side had circulated with the Registry a list of old infructuous matters so that these matters could be listed Kiran Kawre 2/3

and disposed of as infructuous. These petitions are also in the list. This list of infructuous matters was notified by the office by its notice dated 25 January 2024, by which the parties/advocates were intimated that if the proceedings have not become infructuous, then a praecipe be submitted in the office before its listing stating that the matter needs to be adjudicated. Accordingly, after such prior notice, these matters are listed today before this Court. No praecipe has been received on behalf of the petitioners or the advocate for the petitioners stating that something would survive for adjudication in these petitions.

Even when these petitions were called out, none appears for the petitioners. It, therefore, appears that the petitioners are not interested to prosecute these petitions and/or they have become infructuous. These petitions are, accordingly, disposed of, however, with liberty to the petitioners to revive these petitions, in the event, the petitioners feels that the cause of action still survive.

4.

Disposed of in the above terms. No costs.

5.

Civil Application, if any, also stands disposed of. (FIRDOSH P. POONIWALLA,J) (G. S. KULKARNI, J.) Kiran Kawre 3/3