Shri. Pawar Suryakant Baburao And ORS. v. The General Manager And ORS.

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5699 OF 2017 Shri Pawar Suryakant Baburao and ors.

.. Petitioners Vs.

The General Manager, Bharat Sanchar Nigam Limited and ors.

.. Respondents Mr. Nikhil M. Pujari, for the Petitioners.

Mrs.Neeta V. Masurkar, for the Respondent.

CORAM : SMT. V.K.TAHILRAMANI & M.S.KARNIK, JJ.

30th OCTOBER, 2017 P.C. :

1.

On 12/07/2017 this Court disposed of the Petition by passing the following order.

"...2. It is stated that the matter is kept for final hearing before the Tribunal on 28.7.2017 since the pleadings are completed in the O.A. We are sure that the matter would be disposed of by the Tribunal on that day. If not, it is requested that the Tribunal may endeavor to dispose of the matter by 18th August, 2017.

3. Interim relief granted in this petition is extended upto 18th August, 2017....."

2.

As the matter was not disposed of by Tribunal on 28/07/2017 and interim relief granted was extended only upto 18/08/2017, the petitioner again approached this Court on 1/4

18/08/2017 when the interim relief already granted was extended for a period of one week. Thereafter, by order dated 23/08/2017, the time period mentioned in the order dated 12/07/2017 was extended till 25/10/2017.

3.

Learned Counsel for the petitioner points out that though he has not sought any adjournment, the O.A. before the Tribunal is not yet disposed of. In his submission, the Writ Petition was disposed of under the expectation that the Tribunal would decide the matter finally on 28/07/2017. Learned Counsel for the petitioner therefore requests for continuation of the interim order.

4.

He submits that now O.A. is posted in February 2018 before the Tribunal.

5.

The request for continuation of the interim relief is opposed by learned Counsel Mrs.Neeta Masurkar appearing on behalf of the respondents. She pointed out that continuation of 2/4

the interim relief is seriously hampering the functioning of the respondents.

6.

In the peculiar facts, we are inclined to continue the interim relief already granted on 12/07/2017 for a further period of 3 weeks from today. Though it was expected that the Tribunal would dispose of the matter on 28/07/2017 and if not, further request was made by this Court that the Tribunal may endeavour to dispose of the matter by 18/08/2017, obviously, for the reasons beyond control of the Tribunal, O.A. is not yet disposed of finally.

7.

The petitioner undertakes to move the Tribunal immediately for hearing the O.A. finally before expiry of 3 weeks period granted today and in the event, such an application is made to the Tribunal, we have no manner of doubt particularly having regard to the order dated 12/07/2017 passed by this Court, the Tribunal would surely decide the O.A. within a period of 3 weeks from today. Learned Counsel for the petitioner as 3/4

well as the respondents undertake not to seek any adjournment on any count on the dates so fixed by the Tribunal and would proceed with the hearing.

8.

Parties to act upon authenticated copy of this order. (M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.) 4/4