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Bombay High CourtWP/10462/2015allowed to be withdrawn

Mr. Rajesh Kumar Ravaria S/O. Raghu Ravaria v. The State Of Maharashtra And ORS.

2015-10-20Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice V.L. Achliya2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10462 OF 2015 Mr. Rajesh Kumar Ravaria Petitioner Vs.

The State of Maharashtra and Ors.

Respondents Mr. Rahul Induprakash Tiwari, for the Petitioner. Mr. V.S. Gokhale, AGP, for the Respondent State. Mr. Vishal Ghosalkar, for Respondent No.4.

CORAM : A.S. OKA & V.L. ACHLIYA, JJ.

DATE : 20th OCTOBER, 2015 P.C.

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Not on board. Taken on board.

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Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the Respondent No.4. The learned counsel appearing for the Petitioner, on instructions, seeks permission to withdraw this Petition with liberty to adopt a statutory remedy. He states that tomorrow at 11.00 am in the morning, the Petitioner will hand over symbolic possession of Flat No.1501 in the building in question to the Authorised Officer of the fourth Respondent Bank by executing necessary writing. We accept the said statement. In view of the statement, we direct that to enable the Petitioner to adopt appropriate statutory remedy, actual physical possession shall not be taken till 30th October, 2015.

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We make it clear that in the appropriate proceedings which may be filed by the Petitioner, prayer for interim relief shall be decided without being influenced by the limited protection granted by this Court. Subject to above directions, the Petition is disposed of as withdrawn with liberty to adopt appropriate remedy in accordance with law.

(V.L. ACHLIYA, J ) (A.S. OKA, J )