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Bombay High CourtWP/14223/2016disposed off

Shri Shankar Sahakari Sakhar Karkhana Ltd. Through Md v. The Commissioner Of Sugar And ANR

2017-02-17Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14223 OF 2016 Shri Shankar Sahakari Sakhar Karkhana Ltd.

through Managing Director ... Petitioner

Versus

The Commissioner of Sugar and Anr.

... Respondents Mr. Swaroop Karade i/by Mr. Surel S. Shah for the Petitioner. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ.

DATE : 17th FEBRUARY, 2017 P.C.

Heard the learned counsel appearing for the Petitioner. None appears for the Respondents. Order dated 2nd February, 2017 reads thus :- "1.

The Advocate for the petitioner to serve copy of this petition to the Office of the Government Pleader, High Court, Appellate Side, Mumbai. The respondents to take instructions, and make statement whether the appeal, a copy of which is annexed at Exhibit D is still pending. Place this petition high on board on 17th February, 2017."

The learned counsel appearing for the Petitioner states that in terms of the said order, a copy of this Petition was served to the Office of the Government Pleader, High Court, Appellate Side, Mumbai. Today, none appears for the Respondents. Considering the limited grievance in the Petition that the Appeal preferred by the Petitioner on 20th May, 2016 (Exhibit 'D' to the Petition) is not yet disposed of, the Petition need not be kept pending and the same is disposed of by passing the following order :-

ORDER

(i) We direct the authorised representative of the Petitioner to appear before the Appellate Authority on 10th March, 2017 at 3.00 pm. He shall produce a photocopy of office copy of the Memorandum of Appeal at Exhibit 'D' along with an authenticated copy of this order in the office of the Appellate Authority;

(ii) If the Appeal is already decided, a copy of the order passed on the Appeal be provided to the representative of the petitioner on the same day;

(iii) If the Appeal is found to be pending, the same shall be disposed of as expeditiously as possible and in any event within a period of two months from 10th March, 2017;

(iv) All contentions on merits of the Appeal are kept open; (v) The Petition is disposed of on above terms;

(vi) All concerned to act upon an authenticated copy of this order.

(ANUJA PRABHUDESSAI, J) (A.S. OKA, J)