Dr. Amol Subhash Bhor And ORS v. Nashik District Maratha Vidya Prasarak Samaj Medical College And ORS

25_IA1638&WP2169_21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1638 OF 2021 IN WRIT PETITION NO.2169 OF 2007 Dr. Amol Subhash Bhor and others ...

Applicants / Petitioners Vs.

Nashik District Maratha Vidya Prasarak Samaj's Medical College and others ...

Respondents Mr. P. B. Shah a/w. Ms. Gunjan Shah for Applicants / Petitioners. Ms. S. S. Bhende, AGP for Respondent Nos.4 and 5-State. CORAM : R. D. DHANUKA & R. N. LADDHA, JJ.

DATE :

DECEMBER 10, 2021 P.C. :- Learned AGP has no objection if the writ petition is heard finally expeditiously. She states that there are no reliefs sought against respondent Nos.4 and 5 and thus affidavit in reply is not required to be filed. Statement is accepted.

2.

Mr. Shah, learned counsel for the petitioners states that learned advocate who had filed Vakalatnama for respondent No.1 has expired. 3.

In our view, the writ petition itself can be heard finally instead of hearing the interim application which also seeks the similar relief. Hearing of the writ petition is expedited.

4.

Interim Application is disposed of.

WRIT PETITION NO.2169 OF 2007 Issue notice upon respondent Nos.1 and 2, returnable on 1/2

25_IA1638&WP2169_21.doc 14.01.2022. Humdast is permitted. In addition to the Court notice, petitioners are permitted to serve respondent Nos.1 and 2 by private notice, by all permissible modes of services available in law. 2.

The judgment which the petitioner proposes to rely upon in the interim application can be relied upon at the time of final hearing of the writ petition. In the notice that would be issued by the office as well as by the petitioners, it shall be made clear that if respondent Nos.1 and 2 remains absent on the next date, the petition would be decided ex-parte. (R. N. LADDHA, J.) (R. D. DHANUKA, J.) Minal Parab 2/2