Ganesh Suryakant Dahale v. Sudhirkumar Shrivastava (Thr) The Principal Secretary Department Of Home, Mumbai And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10458 OF 2018 IN CONTEMPT APPEAL NO.1 OF 2018 Ganesh S/o Suryakant Dahale ..APPLICANT

VERSUS

Mr Sudhirkumar Shrivastava (Through) The Principal Secretary, Department of Home, Mumbai & ors.

..RESPONDENTS Mr F.R. Tandale, Advocate for applicant CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 14th August, 2018 ORAL ORDER:

Heard Mr Tandale, learned Counsel appearing on behalf of the applicant.

2.

By way of this application, the applicant is before this Court with two-fold prayers, namely, (i) The application for grant of time to take recourse for other remedy may please be allowed and the judgment/order of this Hon'ble Court be stayed till appeal period and interim relief granted by this Hon'ble Court be extended till appeal period and (ii) While confirming the judgment/order, the Hon'ble Court may please consider that, there

(2) should not be any difficulty in opting above two remedies. 3.

In our detailed order dated 6th August, 2018 ,we have dealt with the issue which was before us for consideration. We have assigned our reasons in the said order for not accepting the submissions of the learned Counsel on the merits of the appeal. The appeal is dismissed by us with liberty to the appellant to avail other such remedy to which he may be entitled, if so advised. By the said order, we have further granted a week's time to the appellant to take appropriate steps and the interim order was extended by one week from the date of the order.

4.

In paragraph 3 of the application it is stated that due to certain technical problems there was a delay in uploading the order and the applicant could only see the judgment and order on 10th August, 2018 and as 11th and 12th August, 2018 were weekly holidays, the applicant could not take necessary steps within one week. Though there are other grounds raised in the application from paragraph 4 onwards and though the applicant is making two-fold prayers referred to above, we are only considering the ground no.3 in the application which is a technical difficulty, making the applicant difficult to take necessary steps expeditiously, we grant further period of one week to the applicant to avail the appropriate remedies. The interim relief granted by us is also extended by one week.

(3) 5.

Civil Application thus is partly allowed. We make it clear that after one week, no further application for seeking extension of period would be entertained by this Court. Civil Application is accordingly disposed of. (S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) amj