Dr. Siddharth Ambaji Patil v. The University Of Mumbai And 9 ORS.

chs 1366 of 2015 (947).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1366 OF 2015 IN SUIT NO.7150 OF 1999 Dr. Siddharth Ambaji Patil ...

Applicants/Plaintiffs

Versus

The University of Mumbai and Ors.

...

Defendants Ms. Nilima Dutta with Mr.m Devanshi Shah i/by M/s. Khimani and Associates, for Applicants.

Mr. Abhisek Tripathi i/by Mr. Rui A. Rodrigues, for Respondent Nos.1 and 5. Mr. A. Gokhale, AGP, for Defendant No.2.

Mr. Vinamra Kopariha, for Respondent Nos.3 and 4. Mr. Amol Joshi with Mr. S. Shaikh i/by Ms. Poorvi Kamani, for Defendant Nos.6 to 9. CORAM: S.J. KATHAWALLA, J.

DATE: 8 th FEBRUARY, 2016 P.C.:

1.

Perused the Chamber Summons and the Affidavit in support thereto. The Chamber Summons is opposed by the learned Advocates for Defendant Nos.1, 3, 4, 5 and 6 to 9 on the ground that the Plaintiff has already filed a Writ Petition being No.2473 of 1998, wherein the inquiry proceedings have been impugned by the Plaintiff. In view thereof, the following order is passed : (i) The Chamber Summons is allowed in terms of prayer clause (a) and the following issue is framed in addition to the issues framed by this Court by its order dated 22-07-2015.

(i-a)Whether the Plaintiff proves that the inquiry proceedings conducted by ssp 1/2

chs 1366 of 2015 (947).sxw the Defendant Nos.1 to 5 against the Plaintiff are illegal, null and void and is entitled to a declaration to this effect ?

(ii)The learned Advocate for the Plaintiff states that if the additional issue framed herein is decided in Writ Petition No. 2473 of 1998, the same shall not be pressed in the above Suit. The statement is accepted. (iii) All contentions of the parties are kept open. (iv)The learned Advocate for Defendant Nos.6 to 9 states that Defendant Nos.6 and 7 have passed away. In view thereof, the names of Defendant Nos.6 and 7 are directed to be deleted. Amendments to be carried out within a period of one week from today.

(v) The Chamber Summons is accordingly disposed of. (vi)The Plaintiff to file his Affidavit of Evidence Affidavit of Documents and Compilation of documents within six weeks from the date of this order. The Defendants too shall file their Affidavit of Documents and Compilation of documents within six weeks from the date of this order. Defendants shall also offer inspection of documents to the Plaintiff within a period of two weeks from the date of this order. Stand over to 22-03-2016.

( S.J.KATHAWALLA, J. ) ssp 2/2