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Bombay High CourtWP/1171/2015dismissed

Anil Kumar Poddar v. Sunrise Asian Limited And 5 ORS.

2017-07-31Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice B.R. Gavai2 pages

41-wp1171-15 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1171 OF 2015 Anil Kumar Poddar ..Petitioner Vs.

Sunrise Asian Limited & Ors.

..Respondents WITH WRIT PETITION NO.1173 OF 2015 Anil Kumar Poddar ..Petitioner Vs.

Matra Realty Ltd. & Ors.

..Respondents ----- None for the Petitioner in both writ petitions. Dr. G.R. Sharma, Special Counsel, with Mr.D.P Singh for Respondent Nos.2, 3 & 6 in both writ petitions. Ms.Ambreen Saheed i/b. M/s.MDP & Partners for Respondent No.4 in both writ petitions.

----- CORAM :

B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE : 31st JULY 2017 ORDER:

1.

In an identical matter, the Division Bench of this Court has passed the following order on 21st December 2015:- "6.

After perusing these prayers, we are of the view that in the event the Petitioner is aggrieved by the inaction of the statutory authority, nothing prevents him from approaching a competent criminal court and filing a private complaint. 7.

We do not see how on one sided allegations

41-wp1171-15 of the Petitioner and when he has all the remedies in law that the Writ Petition can be entertained. The Writ Petition is, therefore, dismissed with the above liberty."

2.

In that view of the matter, we find that the present petition also deserves to be dismissed with liberty as granted by the Division Bench vide the order dated 21st December 2015. [RIYAZ I. CHAGLA J.] [B.R. GAVAI, J.]