Dr. Prem Balram Nichani And ANR v. State Of Maharashtra And ORS

105-WP.7462.2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7462 OF 2014 Dr. Prem Balram Nichani and Anr.} Petitioners versus State of Maharashtra and Ors.

} Respondents Mr. Gaurav Joshi - Senior Advocate with Ms. Neeta Jain and Mr. Deepak Shukla i/b. M/s. Vinod Mistry and Co. for the Petitioners.

Mr. Sumit Kothari for Respondent No. 3.

Mr. Drupad S. Patil for Respondent No. 4.

CORAM :- S. C. DHARMADHIKARI & M. S. SONAK, JJ.

DATED :- FEBRUARY 12, 2016 P.C. :- The issue raised in this Writ Petition is identical to Writ Petition No. 11253 of 2014.

2) On 9th February, 2016, that Writ Petition was withdrawn with liberty to adopt appropriate proceedings including a Suit in a competent Civil Court.

3) The contesting Respondent in this Writ Petition also brings to the notice of the Petitioners' Advocate that order and Mr. Joshi, learned Senior Counsel appearing for the Petitioners in J.V.Salunke,PA

105-WP.7462.2014.doc this Petition does not dispute that the issue in both the Petitions is identical.

4) Therefore, he agrees that the same order be passed, but reserving all the remedies, rights and contentions of the Petitioners intact.

5) In such circumstances, we pass the following order:- (i) Leave to withdraw the Writ Petition with liberty to adopt appropriate proceedings including a Suit in a competent Civil Court is granted.

(ii) To enable the Petitioners to adopt such remedies including bringing in a Suit, we would continue the interim order passed in this Petition for a period of 12 weeks from today. The initial grant as also continuation is without prejudice to the rights and contentions of all parties and shall not bind any Court or Forum which is approached by the parties.

(M.S.SONAK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA