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Bombay High CourtWP/5775/2015dismissedrule discharged

Rameshwar Sahakari Sakhar Karkhana Ltd, Jalna v. Eknath Natthu Lokhande

2015-08-05Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5775 OF 2015 RAMESHWAR SAHAKARI SAKHAR KARKHANA LTD, JALNA

VERSUS

EKNATH NATTHU LOKHANDE ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: August 05, 2015 ...

PER COURT :- 1.

The order dated 15.6.2015, by which ad-interim protection was granted to the petitioner, has not been complied with to the extent of depositing the amount of Rs.3,36,750/- in this Court. 2.

This Court had considered the non-appearance of the learned Advocate for the petitioner and the conduct of the petitioner, in order dated 24.7.2015, which reads as under:- "1.

None appears even at the second call.

2.

The petitioner has not submitted copies for issuance of notice to the respondent. An amount of Rs.3,36,750/- was to be deposited in this Court on/or before 3.7.2015, subject to which ad-interim relief was granted to the petitioner.

3.

Time was extended by one week on 3.7.2015.

4.

Despite extension of time to deposit the amount was granted vide order dated 3.7.2015 on circulation note dated 3.7.2015 filed by the learned Advocate for the petitioner, it does not appear that the amount has been deposited.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5775 OF 2015 5.

In the light of the above, S.O. 1.8.2015. In the event, the amount is not deposited and copies are not supplied till 31.7.2015, the ad-interim protection granted to the petitioner by order dated 15.6.2015 shall stand automatically vacated." 3.

Today, even at the second call, none appears for the petitioner. Neither has the amount been deposited nor have the copies been supplied for issuance of notice.

4.

In the light of the above, and owing to the conduct of the petitioner, I am compelled to order that the interim protection granted to the petitioner by order dated 15.6.2015 stands vacated, forthwith. 5.

In the event, copies of this petition with annexures are not supplied by the petitioner for issuance of notice to the respondents, on/or before 19th August, 2015, this petition shall stand dismissed without reference to this Court. In the event the copies are supplied, notice be issued to the respondent returnable on 4th September, 2015. ( RAVINDRA V. GHUGE, J. ) ...

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