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Bombay High CourtCA/9333/2013disposed offdismissed for default

Md.Ansaruddin Md.Giyasuddin v. The State Of Maharashtra And Others

2015-05-07Hon'Ble Smt. Justice Sadhana S. Jadhav,Hon'Ble Shri Justice V.M. Deshpande2 pages

( 1 ) ca9333.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9333 OF 2013 IN WRIT PETITION NO. 7454 OF 2009 Md.Ansaruddin Md. Giyasuddin ..

Applicant

Versus

The State of Maharashtra and others ..

Respondents Mr.Pathan Hamzakhan, Advocate for the petitioner. Mr.U.S.Mote, AGP for the respondent No.1/State. Mis.Gaur Rashmi P., Advocate for respondent No.2. Mr.V.S.Panpatte, Advocate for respondent No.3 CORAM : SMT.SADHANA S. JADHAV & V.M.DESHPANDE, JJ.

DATED :

07.05.2015 P.C. [PER : SMT. SADHANA S. JADHAV, J.]:- 1.

Heard respective counsel. The applicant herein happens to be original respondent No.3 in writ petition No.7454 of 2009. The applicant herein is seeking modification/clarification of the order dated 27.01.2012 passed by this Court (Coram: Shri. Naresh H. Patil & Smt.S.S.Jadhav, JJ.). This court was pleased to grant interim relief in terms of prayer clause "C" to the petitioner on depositing Rs.30,000/- [Rs. Thirty Thousand] with the registry of this Court within a period of eight weeks. The learned counsel representing the original petitioner submits that the order has been complied with.

( 2 ) ca9333.13 2.

Learned counsel for the applicant is seeking clarification since the original petition has two prayer clauses which are numbered as prayer clause 'C' and therefore it appears that there has been some ambiguity in implementing the said order. Upon hearing respective counsel, by this order, it is clarified that the order dated 27.01.2012 be read as follows:

"Rule. Interim relief in terms of following clause. Pending hearing and till final disposal of this writ petition, letter dated 23.10.2009 bearing outward no.

ZP/NA/EO/PRIMARY 5/14329 issued by the respondent No.2 be stayed. It is further clarified that the recovery of excess amount is stayed only."

3.

Civil application stands disposed of with above directions.

4.

Leave to add/amend.

[V.M.DESHPANDE,J.] [SMT. SADHANA S. JADHAV,J.] VishalK/ca9333.13