← Library
Bombay High CourtCAF/3698/2012rejected

1. Nilesh Digambar Muttepawar. v. 1. The Board Of Trustees Of The Port Of Bombay, And ORS.

2014-12-22Hon'Ble Shri Justice A.S. Oka1 pages

caf-3698.12 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3698 OF 2012 IN FIRST APPEAL NO.67 OF 2011 Nilesh Digambar Muttepawar ... Applicant Vs.

The Board of Trustees of the Port of Bombay & Ors. ... Respondents Mr. V.S. Kapse, for the Applicant.

Mr. U.J. Makhija i/by M/s. Motiwala & Co., for the Respondent No.1. CORAM : A.S. OKA, J.

DATE : 22nd DECEMBER, 2014 (In chamber at 2.30 pm) P.C.

.

Heard the learned counsel for the Applicant. In an Appeal which was unconditionally withdrawn by the Applicant, a prayer for modification of the order dated 5 th July, 2011 by which the Appeal was dismissed as withdrawn cannot be entertained. No direction can be issued in a disposed of/withdrawn Appeal directing the first Respondent to decide the application for regularisation which is allegedly pending with the first Respondent. If the grievance of the Applicant is that the said application is not being decided, it is for the Applicant to adopt appropriate remedy in accordance with law. Hence, no relief can be granted in this application and the same is rejected. (A.S. OKA, J.)