Shaikh Imran Shaikh Yunus v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5376 OF 2021 IN PUBLIC INTEREST LITIGATION NO. 25 OF 2013 Shaikh Imran s/o Shaikh Yunus Applicant

Versus

The State of Maharashtra & others Respondents Mr. Shaikh Altamas Abdul L, Advocate for the applicant. Mr. K.N. Lokhande, AGP for respondents No. 1 and 2. CORAM : S. V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATE : 25th June, 2021.

PER COURT :

1.

Learned counsel for the applicant submits that this Court under its order dated 28th February, 2020. in Public Interest Litigation No. 25/2013 directed the applicant to deposit an amount of Rs. 50,000/-. The applicant did not deposit the same. The Public Interest Litigation was dismissed with cost quantifed at Rs. 50,000/- and the applicant was directed to deposit the cost within one month. It was further observed that if the amount of cost is not deposited till 31st March, 2020, a bailable warrant shall be issued. Since the amount of cost was not deposited, this Court issued bailable warrant

- 2 - to the applicant under order dated 23rd July, 2020. Now, the applicant has fled present civil application seeking permission to deposit the cost amount of Rs. 50,000/-.

2.

The amount directed to be deposited at the time of dismissal of the Public Interest Litigation was in the nature of cost. The Public Interest Litigation stands dismissed. Bailable warrant is served upon the applicant and thereafter only, the present civil application appears to have been fled.

3.

Considering the request made and the bonafdes shown for depositing cost of Rs. 50,000/- as directed by this Court under its order dated 28th February, 2020, we permit the applicant to deposit an amount of Rs. 50,000/-. It is submitted that the applicant has a demand draft ready with him. Said Demand Draft shall be submitted before the Registry of this Court on or before 28th June, 2021. In case, the applicant deposits the amount of Rs. 50,000/-, the nonbailable warrant issued against the present applicant on 5th March, 2021 shall stand cancelled. In case, the applicant fails to deposit the amount of Rs. 50,000/- by 28th June, 2021, non-bailable warrant shall be issued against him.

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Civil application stands disposed of.

( M. G. SEWLIKAR ) ( S. V. GANGAPURWALA ) Judge Judge dyb