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Bombay High CourtNMW/341/2019

Kashinath Atmaram Kalekar And Another v. State Of Maharashtra And 4 Others

2020-02-14Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice M. S. Karnik2 pages

19. nmw 341-19.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 341 OF 2019 IN WRIT PETITION NO. 89 OF 2019 Kashinath Atmaram Kalekar & anr.

..Applicants

IN THE MATTER BETWEEN

Kashinath Atmaram Kalekar & anr.

..Petitioners vs.

State of Maharashtra & ors.

..Respondents ...........

Mr. H.T. Pawar for applicants/org. Petitioners. Ms. Purnima Kantharia, GP for respondent Nos. 1 to 4. Mr. Hamed Kadiani i/b. Ms. Shilpa Madki for respondent No.5. ...........

CORAM : NITIN JAMDAR & M.S.KARNIK, JJ.

DATE : 14 FEBRUARY 2020 P.C.:- This Notice of Motion is taken out in Writ Petition No. 89 of 2019. Writ Petition No. 89 of 2019 was filed by the members of a Co-operative Society seeking action against the Respondent No.5. While disposing of this Petition upon statement made by the Government Pleader regarding disposal of the inquiry, the parties were given liberty to agitate the issues, if situation so demands in future.

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19. nmw 341-19.doc 2.

It is clear from this order that the Applicants were given liberty but that does not mean that they would file the Notice of Motion in the Writ Petition which is disposed of. The order dated 11 February 2019 contemplates separate substantive proceedings. As and such substantive proceedings are initiated, they will be considered on their own merits.

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With this clarification, Notice of Motion is disposed of. (M.S.KARNIK, J.) (NITIN JAMDAR, J.) Digitally signed by Diksha Rane Date:

2020.02.17 18:06:51 +0530 Diksha Rane 2/2