Bombay High CourtCAW/2753/2015allowed

Maharashtra State Co-Op. Tribal Dev'Ment Corpn.Ltd And ORS v. Shri Laxman Ganpat Gavali And ORS

2017-09-14Hon'Ble Shri Justice Prasanna B. Varale3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2753 OF 2015 IN WRIT PETITION NO. 2207 OF 2001 AND WRIT PETITION NO. 6030 OF 2014 AND WRIT PETITION NO. 6811 OF 2006 Maharashtra State Co-op.Tribal Development Corporation Ltd. & Ors.

...Petitioners

vs Ganpat Laxman Gawali & Ors.

...Respondents

.....

Mr P.N.Joshi for the Applicant in CAW No.2753 of 2015 & Petitioner in W.P. No. 2207 of 2001.

Mr S.S.Jinsiwale for the Petitioner in W.P.No. 6830 of 2014. Mr Mandar Limaye a/w Sham Walve & Swapnil Walve for Respondent No.1 in W.P.No.8611 of 2016 Ms Jane Cox i/b Manmohan A. Amonkar for Respondent Nos.1, 3 to 6, 8 to 13 & 15 in W.P.No. 6830 of 2014 Mr J.A.Madane AGP for Respondent No.3 in W.P.No.2207 of 2001.

.....

CORAM : PRASANNA B. VARALE J.

SEPTEMBER 14, 2017.

P.C. :

Heard the learned Counsel for the Applicant/ Petitioner. Learned Counsel invited my attention to the communication dated 15/01/2015 and submitted that on Pg 1 of 3

receiving the said information, the details were collected. Learned Counsel submits that the copy of the death certificate of Respondent No.2, who expired during the pendency of the Petitions is placed on record along with the application. He submits that it required some time for collecting information and the document, namely, the copy of the death certificate and as such delay, if any, caused in filing the application be condoned. Learned Counsel also submitted that Respondent No.2 had already left the services and as such a limited relief is granted in favour of Respondent No.2.

In view of the submissions of learned Counsel for the Applicant / Petitioner and for the reasons stated in the application, the application is allowed. The delay, if any, is condoned. Necessary steps be taken within one week from today. Learned Counsel for Respondent Nos.2(a) and 2(c) submits that she has instructions to appear on behalf of the legal heirs of deceased Respondent No.2, namely, Respondent Nos.2(a) to 2(c). She submits that the power on behalf of these legal heirs i.e. Respondent Nos.2(a) to 2(c) will be filed within two weeks from today. The application is disposed of Pg 2 of 3

accordingly.

Place the Writ Petitions after two weeks i.e. 28th September, 2017.

( PRASANNA B. VARALE J.) Pg 3 of 3