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Bombay High CourtCAW/1874/2015disposed off

Shri. Satish Shivajirao Kakade v. Someshwar Sahakari Sakhar Karkhana Ltd.

2015-07-17Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice A.S. Oka2 pages

ash caw-1874.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1874 OF 2015 IN WRIT PETITION NO.1454 of 2015 Shri Satish Shivajirao Kakade.

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Applicant In the matter between - Someshwar Sahakari Sakhar Karkhana Ltd.

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Petitioner Vs State of Maharashtra and Others.

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Respondents - Shri S.R. Borulkar i/by Shri Sandeep S. Koregave for the Applicant in Civil Application (Original Respondent No.6 in the Writ Petition). Shri Amol A. Gatne i/by Shri Sugandh B. Deshmukh for the Petitioner. Shri A.B. Vagyani, Government Pleader for the Respondent Nos.1 to 5. - CORAM :

A.S. OKA & REVATI MOHITE DERE, JJ DATED : 17TH JULY 2015 P.C.

1.

Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Original Petitioner. The learned counsel appearing for the Original Petitioner does not dispute that after the order dated 10th February 2015, the Original Petitioner has disposed of the stock of sugar. The learned counsel appearing for the Original Petitioner is trying to take undue advantage of the obvious typographical error in the Clause 3 of the order dated 10th February 2015 where instead of referring to the stock of sugar, it is mentioned as the stock of sugar cane.

ash caw-1874.15 2.

It is obvious that the Original Writ Petitioner was aware of the fact that as per the order dated 10th February 2015, the stock of sugar cannot be disposed of.

3.

In view of the admitted position that the stock of sugar has been disposed of inspite of there being an order dated 10th February 2015, we vacate the ad-interim relief granted on 10th February 2015. 4.

The Civil Application is disposed of on above terms. (REVATI MOHITE DERE, J) ( A.S. OKA, J )