Naresh Lachmandas Aswani v. The State Of Maharashtra And 5 ORS.

21-WP.2785.2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2785 OF 2013 Naresh Lachmandas Aswani } Petitioner versus The State of Maharashtra } and Ors.

} Respondents Mr. Karl Tamboly i/b. Mr. Shafia Siddique for the petitioner.

Mr. M. P. Jadhav - AGP for respondent no. 1.

Mr. Jagdish G. Aradwad (Reddy) for respondent no. 2.

Mr. Sanmish Gala i/b. M/s. Markand Gandhi and Co. for respondent no. 3.

Dr. Birendra Saraf with Ms. Natasha Wadia i/b. M/s. Hariani and Co. for respondent no. 4.

Mr. Mahesh Mishra i/b. Mr. Ravi Thankaian for respondent no. 6.

CORAM :- S. C. DHARMADHIKARI & A. A. SAYED, JJ.

DATED :- MARCH 9, 2016 P.C. :- Having heard the petitioner's advocate, we recall our order passed in the morning session dismissing the writ petition for default.

J.V.Salunke,PA

21-WP.2785.2013.doc 2) We have perused, with the assistance of the petitioner's advocate, the order and direction of the High Power Committee, impugned in this writ petition.

3) The learned counsel appearing for the petitioner does not dispute that the petitioner had filed a suit in the City Civil Court, but the City Civil Court has proceeded to dismiss it. Thereafter, a First Appeal is filed in this court by the petitioner and that is pending.

4) In the light of the pendency of the First Appeal and the dispute involved being essentially of fact incapable of resolution in our limited writ jurisdiction, we cannot entertain the writ petition. The writ petition is dismissed by clarifying that all contentions and of all parties are kept open for being raised in appropriate proceedings.

(A.A.SAYED, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA