← Library
Bombay High CourtCA/7229/2021disposed off

The Superintending Engineer The Maharashtra Electricity Distribution Company Ltd And Another v. Mahendra Bhaskarrao Nandgaonkar Through Lrs Vidya Mahendra Nandgaonkar Died Thr Lrs And Another

2021-08-02Hon'Ble Shri Justice Avinash G. Gharote2 pages

{1} ca722921.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7229 OF 2021 IN WRIT PETITION NO.5818 OF 2021 The Superintending Engineer, The Maharashtra Electricity Distribution Company Ltd. & another Applicants

Versus

Mahendra Bhaskarrao Nandgaonkar, deceased, through L.Rs.

Respondents Mr.Uday S. Malte, advocate for the applicants. Mr.S.S.Patil, advocate for Respondents.

CORAM : AVINASH G. GHAROTE, J.

DATE : 02nd August, 2021.

PC :

By this application, the applicant prays for recall of the order dated 19th June, 2021, by which, for non compliance of the directions, as contained in the order dated 06th April, 2021, the interim relief was vacated.

The learned Counsel for the applicants submits that the cheque for the amount mentioned in the order dated 06th April, 2021 is ready and the offce should accept the same. He submits that due to the extraordinary situation created due to pandemic,

{2} ca722921.odt the amount could not be deposited in time.

Considering the reasons given, since this Court has already found, that there was a prima facie case for grant of an ad interim relief by the order dated 6th April, 2021 and had indeed so granted the same, the order dated 19.06.2021, is hereby recalled. The offce is directed to accept the cheque dated 10.05.2021 for the sum of Rs.50,000/- (Rs. Fifty thousand) and put it for encashment. Upon the deposit of the cheque, the interim order dated 06th April, 2021, shall stand revived till the next date. List the writ petition on 13th August, 2021. Civil Application is accordingly disposed of in above terms.

(AVINASH G. GHAROTE) JUDGE adb