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Bombay High CourtCAW/2800/2016disposed off

Regent Bhairavi Corporation Through The Partner, Shri, Ketan Shende v. The Maharashtra State Road Development Corporation Ltd. And ANR

2017-04-27Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka2 pages

wp-5630,1462.15.odt pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5630 OF 2015 WITH CIVIL APPLICATION NO.2800 OF 2016 WITH WRIT PETITION NO.1462 OF 2015 Regent Bhairavi Corporation ... Petitioner Vs.

The Maharashtra State Road Development Corporation Ltd. and Anr.

... Respondents Mr. Abhay A. Anturkar for the Petitioner.

Mr. Prashant P. Chavan i/by Mr. Ravindra R. Chile for the Respondent No.1 in WP/5630/2015.

Mr. Prashant P. Chavan i/by Ms. Reshmarani J. Nathani for the Respondent No.1 in WP/1462/2015.

Mr. Manish M. Pabale, AGP for the Respondent No.2 in both Petitions. CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 27th APRIL, 2017 P.C.

The learned counsel appearing for the petitioners on instructions seeks permission to withdraw the Petitions with liberty to file a civil suit. He prays for continuation of ad-interim relief granted on 16th April, 2015 in Writ Petition No.1462 of 2015 for a reasonable time

wp-5630,1462.15.odt to enable the petitioners to file a civil suit and seek appropriate interim relief therein.

Accordingly, the Petitions are disposed of with liberty as prayed. All contentions of the parties in the suit which may be filed by the petitioners in these Petitions are kept open. Ad-interim relief granted on 16 th April, 2015 in Writ Petition No.1462 of 2015 shall continue to operate for a period of two months from today. We make it clear that the prayer for ad-interim relief or interim relief made by the petitioners shall be decided by the Civil Court uninfluenced by the order dated 16 th April, 2015 and continuation of the said order for a period of two months. Civil Application No.2800 of 2016 does not survive and the same is disposed of.

(A.K. MENON, J) (A.S. OKA, J)