Sudheer Ramchandra Allhat v. Reshma Anil Bhosale And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12704 OF 2017 Sudheer Ramchandra Allhat .... Petitioner versus Reshma Anil Bhosale & Ors.

... Respondents .......

• Mr.R.M. Haridas, Advocate for the Petitioner. • Mr.R.V. Govilkar, a/w Ms.Shaba N. Khan, Advocate for the Respondent Nos.1 and 2.

• Mrs.R.A. Salunkhe, AGP, for the Respondent/State. CORAM : R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE : 29th NOVEMBER, 2017.

P.C. :

1.

The above Petition seeks a direction that the Revision Application filed by the Respondent Nos.1 and 2 be directed to be disposed of within a particular time frame. The Petitioner has also challenged the order dated 20/09/2017 granting the interim reliefs to the Respondent Nos.1 and 2 at the time of issuance of the notice in the Appeal. The learned Counsel appearing for the Respondent Nos.1 and 2 Mr.R.V. Govilkar Nesarikar

2 / 3 states that the Appeal filed by the Respondent Nos.1 and 2 is listed before the Appellate Authority i.e. the Honourable Minister for Co-operation, Government of Maharashtra, for being taken up today at 03.00 p.m.

2.

In view of the fact that the Appeal is already listed for being heard today, we direct the Appellate Authority to consider and decide the Appeal expeditiously and not later than six weeks from date. The learned Counsel for the Petitioner Mr.R.M.Haridas states that the Respondent Nos.1 and 2 are related to the Appellate Authority and therefore the Appellate Authority ought not to hear the said Appeals. 3.

In our view, the said contention can be urged by the Petitioner before the Appellate Authority and it is for the Appellate Authority to consider the said contention, we express no opinion in that regard. In the event the Honourable Minister for Co-operation is not in a position to hear the said Appeal, then the Appeal may be directed to be heard by the Authority

3 / 3 concerned, who is entitled to hear the Appeals. However, the time frame as stipulated by the instant order, would apply to such other Appellate Authority also.

4.

With the above directions as aforesaid, the Writ Petition is disposed of.

(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)