Suvarna Vasant Chavan And ORS v. The Chairman J.H. Ambani Foundation Trust And ORS

Husen 1 26(1) IA-20091-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 20091 OF 2022 IN WRIT PETITION NO.9728 OF 2012 Suvarna Vasant Chavan and Ors.

...Applicants In the matter between:

Hiraman N. Kokate and Ors.

...Petitioners

Versus

The Chairman J.H. Ambani Foundation Trust, Nariman Point, Mumbai and Ors.

...Respondents

**** Ms. Deepali Y. Deherkar, for Applicants.

Mr. Arvind Kothari, Ashwin Dave, Gaurav Thakur, Aditi Kambli and Kshitij Madekar i/b. A. S. Dayal and Associates, for Respondent No.2.

Ms. Rupali Shinde, AGP, for Respondent/State. **** CORAM : NITIN JAMDAR & HUSENBASHA RAHAMAN NADAF Date: 2024.03.18 14:40:57 +0530 HUSENBASHA RAHAMAN NADAF M.M. SATHAYE, JJ.

DATE : 12 MARCH 2024 P.C.:

.

By this application 5 Applicants seek to join themselves in the original petition. The writ petition is of the year 2012. It is filed on 4 October 2012. Rule is issued on 22 March 2013. Claim made in the Petition is regarding difference of salary i.e. claim in monetary terms. By filing an application in the year 2022 simply by adding themselves as Petitioners, the Applicants cannot get over the question of delay and laches that would arise if an independent

Husen 2 26(1) IA-20091-2022.doc petition is to be filed. Therefore, we are not inclined to entertain the interim application. It is open to the Applicants to file an independent petition. The question of delay and laches that may arise by filing an independent petition would be kept open to be considered when the said petition is filed.

2.

Interim application is disposed of.

( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)