Miss. Prasiddhi D/O Santosh Jadhav And ANR v. Rasbihari International School, Nashik Thru Head Mistress And ORS

1/2 911 WP-13145-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13145 OF 2018 Miss Prasiddhi D/o Santosh Jadhav and anr .. Petitioners

Versus

Rasbihari International School, Nasik thru Head Mistress and ors .. Respondents ...

None for the petitioners.

Mr. Ishwar Nankani with Mr.Huzefa Khokhawala with Ms.Janaki Garde I/b M/s.Nankani and Associates for respondent nos.1 and 2.

Mrs.S.D. Vyas 'B' Panel counsel for the State. CORAM: S.C. DHARMADHIKARI & SMT. BHARATI H.DANGRE, JJ.

DATED : 22nd DECEMBER, 2018 P.C:- On the earlier occasion, after hearing both sides, we had passed an order. That order of 11th December 2018 reads as under :

"Shri Patil, who wants to take instructions from the father of the petitioners who are minors, states that by 19th December, 2018, a substantial amount of Rs.50,000/- from the total outstanding sum of Rs.2,30,000/- would be paid/deposited with Tilak

2/2 911 WP-13145-18.doc the first respondent-school and a receipt evidencing such deposit will be produced.

We clarified to Shri Patil that there is no question of passing any ad-interim order, much less to the effect that the petitioners be allowed to attend the classes. We want to test the bona fides of the father of the petitioners and simply because he is waging a personal battle against the Management of the first respondent.

List the Writ Petition on 21st December, 2018, for passing "final order".

Far from reporting compliance with this order, Mr.Patil, the learned Advocate appearing for the petitioners is absent. Even the petitioners are absent. We, therefore, proceed to dismiss the writ petition for want of prosecution. It shall not be restored again for we have noted that Mr.Patil and the petitioners have remained absent even on previous occasions.

(SMT. BHARATI H. DANGRE, J.) (S.C. DHARMADHIKARI, J.) Tilak