Mr. Biswajeet Divyalochan Mohanty v. Mr. Niranjan Duryodhan Mohanty And ORS

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 16685 OF 2023 IN WRIT PETITION NO. 9546 OF 2023 WITH WRIT PETITION NO. 9546 OF 2023 Biswajeet Divyalochan Mohanty .Applicant/ Petitioner Vs.

Niranjan Duryodhan Mohanty & ors.

.Respondents Mr. Sandeep Mishra, Advocate, for the Applicant/Petitioner Mr. A. P. Vanarase, AGP, for the Respondent - State Mr. Rushabh Sheth i/b. Mr. Nikhil Mishra, Advocate, for Respondent No. 1 Ms. Pratibha Rupnawar i/b. Samatva Legal Associates, Advocate, for Respondent No. 5

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

27.10.2023 P. C.

1.

The prayer is sought to re-call/modify the order dated 29.09.2023 passed by this Court.

2.

Mr. Mishra, learned counsel appearing for the Applicant/Petitioner states that the observation made in the order dated 29.09.2023 is to the effect that interim relief has been obtained without giving notice to the learned counsel appearing for Respondent Nos. 1 & 2, who has fled Caveat is not

correct. He states that on 29.09.2023, he was not present and his Junior Advocate was present, who was not aware about the factual position. Therefore, the said observations, which are not in accordance with the record of the case have been recorded in the order. He points out previous order dated 03.08.2023 passed by a learned Single Judge of this Court wherein appearance of learned counsel appearing for Respondent No. 1 has been specifcally noted.

3.

Accordingly, the order dated 29.09.2023 is re-called and same is replaced by the following order:- "1.

At the request of learned counsel for the Petitioner, stand over to 13.10.2023 at 2.30 p. m..

2.

Till the next date, ad-interim relief granted by order dated 03.08.2023 shall remain in operation."

4.

Accordingly, the modifed order dated 29.09.2023 be uploaded instead of earlier order dated 29.09.2023. 5.

The Interim Application is disposed of in above

terms with no order as to costs.

6.

At the request of learned counsel for the respective parties, W. P. No. 9546 of 2023 be listed on 04.12.2023. 7.

Ad-interim relief granted earlier to continue till the next date.

(MADHAV J. JAMDAR, J.)