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Bombay High CourtWP/2609/2015others disposed off

Ramesh Bhagia And ORS v. Municipal Corporation Of Greater Mumbai And ANR

2016-06-15Hon'Ble Smt. Justice S.S. Jadhav2 pages

14.wp2609-2613.15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2609 OF 2015 WITH CRIMINAL WRIT PETITION NO. 2610 OF 2015 CRIMINAL WRIT PETITION NO. 2611 OF 2015 CRIMINAL WRIT PETITION NO. 2612 OF 2015 CRIMINAL WRIT PETITION NO. 2613 OF 2015 CRIMINAL WRIT PETITION NO. 2614 OF 2015 CRIMINAL WRIT PETITION NO. 2615 OF 2015 CRIMINAL WRIT PETITION NO. 2616 OF 2015 CRIMINAL WRIT PETITION NO. 2617 OF 2015 CRIMINAL WRIT PETITION NO. 2618 OF 2015 CRIMINAL WRIT PETITION NO. 2619 OF 2015 Shri Ramesh Bhagia & ors.

... Petitioners.

Versus

Municipal Corporation of Greater Bombay & anr.

... Respondents.

--- Mr. R.L. Dharap, advocate for petitioners.

Ms. Surekha Sonawane, advocate for BMC.

Mr. A.R. Patil, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : JUNE 15, 2016 P.C.:

Learned Counsel for the Petitioners upon instructions seeks liberty to withdraw the Petitions. Liberty as prayed for is granted in Talwalkar 1/2

14.wp2609-2613.15.sxw the interest of justice. Needless to mention that the interim relief granted vide order dated 21st March, 2016 stands vacated. The Petitioners would be at liberty to file an application seeking discharge. The learned Magistrate shall decide the discharge application on its own merits without being influenced by the observations of the Revisional Court or the fact that the petition has been withdrawn before this Court. It is made clear that all contentions are kept open and the Petitions have not been decided on merits. The Petitioners are granted six weeks' time to file application for discharge. Time spent in this Court shall be taken into consideration if the Magistrate is of the opinion that there is a delay in filing discharge application. The Writ Petitions stand dismissed as withdrawn and disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2