Ahish Kumar Mukesh Kumar v. Union Of India And ORS

16-IA-20123-2022-WP-2523-2020.doc rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 20123 OF 2022 IN WRIT PETITION NO. 2523 OF 2020 Ashish Kumar Mukesh Kumar ... Applicant/Petitioner vs.

Union of India & Ors ... Respondents Ms Sharon Patole for the Applicant/Petitioner. Mr Pradeep S Jetly, Senior Advocate with Mr Ashutosh Mishra for the Respondents.

CORAM : NITIN JAMDAR AND GAURI GODSE, JJ.

DATE : 28 NOVEMBER 2022 P.C.:

In this Petition, the Petitioner has made certain bald assertions that the Petitioner's were coerced by authorities to deposit the amount. The Respondent had countered the same stating that the Petitioner had deposited the amount voluntarily. 2.

An order was passed dated 13 March 2020 there were no pleadings whatsoever except one sentence stating that the Petitioner Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.11.30 18:04:45 +0530 was coerced, leave to amend the Petitions was granted to provide RAJESHWARI RAMESH PILLAI 1/2

16-IA-20123-2022-WP-2523-2020.doc particulars of the alleged coercion. No steps were taken for almost more than two years and therefore this court dismissed the Writ Petition on that count also that none remained present for the Petitioner.

3.

Learned counsel for the Petitioners seeks restoration so that the Petition can be withdrawn on the ground that the instructions were received for withdrawal of the Petition before 10 August 2022 and the Petitioner intends to file fresh Petition. We do not find any reason to vary or modify the order dated 10 August 2022. 4.

As regards the presence of the learned counsel for the Petitioner we accept the apology of the learned counsel for the Petitioner for not remaining present on that date. 5.

Interim Application is accordingly disposed.

(GAURI GODSE, J.) (NITIN JAMDAR, J.) 2/2