M/S. Laxmi Narayan Reality Pvt. Ltd. Through Mr. Prasad Bhimale v. Mr. Pritamsing Raghuvirsingh Pardeshi And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9045 OF 2016 ALONG WITH CIVIL APPLICATION NO. 2289 OF 2016 IN WRIT PETITION NO. 9045 OF 2016 Pritamsingh Raghuvirsingh Pardeshi and anr.. Petitioners

Versus

The State of Maharashtra and Ors.

...

Respondents Mr. D.C. Awari for the petitioners.

Mr. Deepak More for R. No. 3 and 4.

Mr. P.M. Tilak for R. No. 5.

Ms. R.M. Shinde, AGP for State.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : OCTOBER 26, 2016.

P.C.

Not on board. Taken on production board in view of the urgency.

2.

Parties through their counsel.

3.

Keeping in view the fact that now the tribunal is functional as the President has been appointed, we are inclined to dispose of this petition by directing the petitioner to approach the Tribunal

2 P-15-wp-9045-caw-2289.2016.sxw before whom the petitioner's appeal is pending for grant of interim relief. Parties to appear before the tribunal on 11.11.2016, which we have been informed is the next date of hearing before the tribunal. The interim order passed by this Court would continue upto 11.11.2016 and for a period of two weeks thereafter. However, it is made clear that while considering the application for interim relief as also while taking the final decision, the tribunal shall not be influenced by the interim order passed and continued by this Court and shall decide the application and the appeal on its own merits. The tribunal on that date or immediately thereafter, within two weeks shall consider the petitioner's application for interim relief and pass appropriate orders on it in accordance with law.

With the aforesaid directions, petition is disposed of. It is also directed to the tribunal to decide the appeal itself, as expeditiously as possible preferably within three months from the date of receipt of copy of this order. 4.k Both, writ petitions and Civil Application stand disposed of. (MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)