Sulbha Bhawanidas Kulkarni v. The Union Of India And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3566 OF 2020 IN PUBLIC INTEREST LITIGATION NO.06 OF 2012 Sau. Sulbha w/o Bhawanidas Kulkarni Applicant

Versus

The Union of India & others Respondents Mr.Milind M. Patil (Beedkar), advocate for the applicant. Mr.A.G.Talhar, Assistant Solicitor General for Respondent No.1. Mr.D.R.Kale, Government Pleader for Respondent No.2. Mr.A.S.Bajaj, advocate for Respondent No.3.

Mr.S.S.Tope, advocate for Respondent No.4.

CORAM : DIPANKAR DATTA, CJ & RAVINDRA V. GHUGE, J.

DATE : JANUARY 20, 2021.

PC :

This Civil Application is presented by the petitioner/public interest litigant seeking recall of sub-paragraph no. [i] of paragraph no. 3 of the order dated 24th February, 2020, whereby this Court directed the petitioner to deposit an amount of Rs.5,00,000/- within 15th March, 2020.

We have heard learned Counsel for the petitioner in support of the application. We have also perused the reasons furnished for recall of such order, which relate majorly to the

{2} petitioner's ill-health. We are afraid, the reasons do not impress us.

At this stage, learned Counsel for the petitioner, on instructions, makes a statement that the petitioner would deposit Rs.4,00,000/- within four weeks.

Since the petitioner is willing to show her bona fides, we modify the order dated 24th February, 2020, and permit the petitioner to deposit Rs.4,00,000/- by 18th February, 2021. If the petitioner fails to make the requisite deposit, this PIL petition shall stand dismissed without reference to the Bench. With the aforesaid directions, this application stands disposed of.

We place on record the statement, made by learned Counsel for the Respondents No.3 and 4 that the direction contained in sub-paragraph no. [iii] of paragraph no. 3 of the order dated 24th February, 2020, has been complied with by them.

{3} We propose to consider the concern raised by the petitioner in this PIL petition and the respondents' version only after she complies with the direction for pre-deposit. (RAVINDRA V. GHUGE, J.) (CHIEF JUSTICE) adb