Mr. Tapas Kumar Das v. Sanjeev Brothers Through Its Proprietor

910-wp-7970-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.7970 OF 2018 Tapas Kumar Das ] Petitioner Vs.

Sanjeev Brothers through its Proprietor ] Mr. Abdul Kadar Shaikh ] Respondent .....

Mr. S.R. Waghmare i/b Ms. Archana Khan, for Petitioner. Mr. A.A. Siddiqui, for Respondent.

.....

CORAM : R.G. KETKAR, J.

DATE : 5TH SEPTEMBER, 2018.

P.C:

Heard Mr. Waghmare, learned Counsel for the petitioner and Mr. Siddiqui, learned Counsel for the respondent. 2.

Mr. Waghmare seeks time on the ground that arguing Counsel is in difficulty. Mr. Siddiqui has invited my attention to the orders dated 1st August, 2018 and 23rd August, 2018. By order dated 1st August, 2018, the petitioner was directed to produce examination-in-chief of S.H. Qureshi in C.C. No.713/P/2000 as also evidence adduced by the said witness on 5th October, 2002. As that order was not complied on 23rd August, 2018, the matter was adjourned to 5th September, 2018 i.e today. It was made clear that in case before the next date of hearing, the order dated 1st August, 2018 is not complied, the Petition shall stand dismissed without further reference to the Court.

3.

Mr. Siddiqui submitted that the petitioner has not complied the order dated 1st August, 2018. Mr. Waghmare is not in a position to deal with this submission.

910-wp-7970-2018.odt 4.

In view of the order dated 23rd August, 2018 for non compliance of the order dated 1st August, 2018, Petition stands dismissed. [R.G. KETKAR, J.]