M/S. Vie Lounge And Deck v. The State Of Maharashtra And ORS.,
by VIDYA SURESH AMIN Date:
2021.09.01 15:24:17 +0530 VIDYA SURESH AMIN 28.WP5467_2008 Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5467 OF 2008 M/s.Vie Lounge and Deck ...
Petitioner Vs.
The State of Maharashtra & Ors.
...
Respondents WITH CIVIL APPLICATION NO.2330 OF 2008 Narayan Muthreja ...
Applicant in the matter between \M/s.Vie Lounge and Deck ...
Petitioner Vs.
The State of Maharashtra & Ors.
...
Respondents None for Petitioner.
Smt.A.A. Purav AGP for State.
CORAM : G.S. KULKARNI, J.
DATE : 27th AUGUST 2021 P.C.:
1.
Learned Government Pleader, Appellate Side had circulated in the Registry a list of old infructuous matters so that these matters could be listed and disposed of as infructuous. This petition is one of such matters in the list. These matters were accordingly listed before this Court on 20 August, 2021 with a prior notice dated 17 August, 2021, by which the parties were intimated that if the proceedings have not become infructuous, then a praecipe be submitted in the office before its listing on 20 August 2021.
2.
On 20 August, 2021, when this petition was listed before the Court and was called out, none appeared for the petitioner nor a
28.WP5467_2008 praecipe in response to the notice dated 17 August, 2021 stating that the matter has not become infructuous was placed on record. However, to give a second chance to the parties, the Court adjourned this petition, to be listed today with a specific advance notice dated 24 August, 2021, that the parties are again permitted to submit a praecipe if the proceedings are not infructuous. Despite such second notice, no praecipe is received in the present proceedings on behalf of the petitioner.
3.
It, therefore, appears that the petitioner is not interested to prosecute this petition and/or it has become infructuous. The petition is, accordingly, disposed of, however, with liberty to the petitioner to revive the petition in the event the petitioner feels that the cause of action still survives.
4.
Disposed of in the above terms. No costs.
5.
In view of disposal of Writ Petition, Civil Application does not survive and the same is accordingly disposed of. (G.S. KULKARNI, J.)