Rajesh Gaurishankar Poddar v. Union Of India Through The Ministry Of Home Affairs And 2 ORS.

SHRADDHA KAMLESH TALEKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SHRADDHA KAMLESH TALEKAR Date: 2023.11.30 16:21:32 +0530 INTERIM APPLICATION NO. 3667 OF 2023 IN WRIT PETITION (LODGING) NO. 11141 OF 2022 WITH WRIT PETITION (LODGING) NO. 11141 OF 2022 Rajesh Poddar ... Applicant In the matter between :

Rajesh Poddar .. Petitioner

Versus

1. Union of India & 2 Others

...Respondents

Mr.Gaurav Mehta i/b Mrs.Pradnya Shinde, Advocate for Applicant/Petitioner.

Mr.Y.S. Bhate a/w. Mr.D.P. Singh, Advocates for Respondent No.1-UOI.

Ms. Sukanta Karmakar, AGP for Respondent No.2-State. Ms.Akanksha Hambir i/b Rathina Maravarman, Advocate for Respondent No. 3.

CORAM : B.P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE :

NOVEMBER 29, 2023.

P C :

1.

The above Interim Application is filed seeking restoration of Writ Petition (L.) No.11141 of 2022 which was dismissed for default by order

dated 19th June 2023.

2.

We have heard the learned Counsel appearing on behalf of the Applicant/Petitioner as well as learned Advocate appearing on behalf of the State Bank of India.

3.

For the reasons set out in the Interim Application, we allow the same in terms of prayer clauses (a) and (b), which read as under : (a) This Hon'ble Court be pleased to condone the delay of 136 days in filing the present Interim Application for restoration of Writ Petition (L.) No. 11141 of 2022.

(b) This Hon'ble Court be pleased to restore Writ Petition (L.) No.11141 of 2022 to the file of this Hon'ble Court on such terms and conditions as this Hon'ble Court deems fit and proper.

4.

Now that the Writ Petition is restored, the learned Counsel appearing on behalf of the Petitioner sought leave to withdraw the Writ Petition with liberty to file afresh. The reason for this liberty is that originally the Writ Petition was filed only challenging the Lookout Circular issued at the instance of State Bank of India whereas now even the Central Bureau of Investigation has issued a Lookout Circular against the Petitioner. The Petitioner would, therefore, like to withdraw the above Writ Petition with liberty to challenge both the aforesaid Lookout Circulars in one consolidated Petition.

5.

In these circumstances, the above Writ Petition is dismissed as withdrawn with liberty, as prayed. No order as to costs. 6.

Assistant of this Court. All concerned will act on production by fax or [ SOMASEKHAR SUNDARESAN, J. ] [ B.P. COLABAWALLA, J. ]