Mega City Debris Truck Welfare v. The State Of Maharashtra And ORS.

ash cai-208.15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.208 OF 2015 IN PUBLIC INTEREST LITIGATION NO.15 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Kamlesh Mishra i/b Law Juris for the Applicant. Shri A.I. Patel, AGP for the Respondent Nos.1 to 4, 8, 11 and 12. Shri Ramakant D. Patil i/b ShriSandeep V. Marne for the Respondent No.7. -- CORAM :

A.S. OKA & A.A.SAYED, JJ DATED :

18TH AUGUST 2016 P.C.:

1.

Heard the learned counsel appearing for the Applicant. Time is sought on behalf of the Respondent No.7. The order dated 20th August 2014 reads thus:

"Apart from the issue of the maintainability of the petition as a 'Public Interest Litigation', by an order dated 25th July 2014, this Court directed the petitioner to produce a copy of its Registration Certificate. None appears for the Petitioner. A copy of the Registration Certificate of the Petitioner is not produced. Hence, we dismiss the petition for non-prosecution."

ash cai-208.15 2.

Exhibit-C is a copy of the Registration Certificate issued to the Applicant on 30th January 2009 under the Societies' Registration Act, 1860. In view of the said document, a case for restoration of the PIL is made out. Accordingly, the Application is allowed in terms of prayer clauses (a) and (b). 3.

We direct the Applicant to amend the PIL and annexed a copy of the Registration Certificate to the PIL. Amendment to be carried out within a period of three weeks from today.

4.

Place the restored PIL on 23rd September 2016 under the caption of "Fresh Matters". We make it clear that the issue of maintainability of the PIL is expressly kept open.

(A.A. SAYED, J) (A.S.OKA, J)