Shri. Valerian N. Gonsalves And ORS. v. The Div. Jt. Reg. C.S. And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8837 OF 2018 Valerian N. Gonsalves & Ors.

..... Petitioners

VERSUS

The D.J.R.C.S. Konkan Bhavan & Ors.

..... Respondents Mr.Sachin Shetye for the Petitioners.

Mr.S.H.Kankal, A.G.P. for the State - Respondent nos. 1 to 3, 7 and 8. Mr.Amar Parsekar for the Respondent no.6.

CORAM :

R.D. DHANUKA, J.

DATE :

8th AUGUST, 2018 P.C.

The papers are allowed to be produced at 03.00 p.m. 2.

By an order dated 20th July, 2018 passed by this court, the learned Minister, Co-operation was directed to hear and dispose of the appeal bearing no.489 of 2017 along with the intervention application on its own merit within three months from the date of the first hearing. Though the said appeal bearing no.489 of 2017 is still pending before the learned Minister and though this court by the said order dated 20th July, 2018 had directed that the order in the appeal proceedings as well as the intervention application shall be stayed for a period of two weeks from the date of the communication of the order to the petitioners if the same is adverse against the petitioners and during the pendency of the said appeal before the learned Minister, the special recovery officer has issued a notice on 8th August,2018 for implementation of the order which is an appeal before the learned

kvm 2/2 503-WP8837.18 Minister.

3.

Mr.Kankal, learned A.G.P. states that the learned Deputy Registrar has been already informed about the stay granted by this court on 20th July,2018 who in turn has informed the special recovery officer to withdraw the said notice dated 8th August,2018. 4.

It is once again made clear that the order which is a subject matter before the learned Minister is stayed during the pendency of the said appeal and for a period of two weeks from the date of communication of the said order to the petitioners if the same is adverse against the petitioners.

5.

The learned Minister as well as the above authorities shall take note of this order and shall not take any steps for implementation of the order which is a subject matter before the learned Minister as directed. 6.

It is also made clear that further notice dated 8th August,2018 issued by the special recovery officer is also stayed. 7.

The learned A.G.P. shall convey this order to the learned Deputy Registrar as well as to the special recovery officer not to implement the notice dated 8th August,2018 and also the order which is a subject matter of the appeal before the learned Minister as directed in the order dated 20th July, 2018 and this order.

8.

The parties to act on the authenticated copy of this order. [R.D. DHANUKA, J.] Kanchan Vinod Mayekar by Kanchan Vinod Mayekar Date: 2018.08.08 18:03:29 +0530