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Bombay High CourtIA/1525/2019

B.N. Makhija And 4 ORS. v. Union Of India And 3 ORS.

2019-01-012 pages

503-IA-01-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 01 OF 2019 IN WRIT PETITION NO. 1055 OF 2009.

B. N. Makhija & Anr.

..Applicants.

IN THE MATTER BETWEEN

B. N. Makhija & Anr.

..Petitioners.

Versus

Union of India & Ors.

..Respondents.

__________ Mr. Omprakash Jha i/b. The Law Point, Advocate for Applicants/Petitioners.

None for Respondents.

__________ CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATED : 05th DECEMBER, 2019.

PC :

1.

Today the matter is shown on production board pursuant to the praecipe dated 04/12/2019 filed by the advocate for the applicants.

2.

Heard the learned counsel for the applicants. 3.

Learned Advocate Mr. Omprakash Jha for the applicants submit that, contesting respondent No.2 is duly served. He undertakes to file affidavit of service within one V.B.Gokhale

503-IA-01-19 week from today. The same is accepted.

4.

By this application, the applicants are seeking early hearing of W.P.No.1055 of 2009 and to delete the names of respondent Nos.2, 3 & 5 from the cause title, as they expired.

5.

Considering the submission of learned counsel for the applicants and as the applicant no.1 is the Senior citizen, we are satisfied that the applicant has made out a case for allowing this application.

6.

Hence, the following order:

a) Applicants are permitted to delete the names of respondent Nos.2, 3 & 5 from the cause title of the Writ Petition No. 1055 of 2009 on or before 13/12/2019. b) Amended copy of the Writ Petition to be served on other side.

c) Hearing of Writ Petition No.1055 of 2009 is expedited in Senior Citizen's list.

d) Registry is directed to place the W.P.No.1055 of 2009 on board for final hearing in a week commencing from 20/01/2020.

e) Interim Application is disposed of accordingly.

f) No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) V.B.Gokhale