The State Of Mah And ORS v. Sanjay Prakash Nimbalkar And ANR

CA 12025/12 in WP 3146/09 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12025/2012 IN WRIT PETITION NO.3146/2009 The State of Maharashtra & others.

...Applicants..

Versus

Sanjay Prakash Nimbalkar & another.

...Respondents...

.....

Shri S.P. Sonpawale, AGP for applicants.

Shri S.G. Chapalgaonkar, Advocate for respondent no.1. Shri Anudeep Sonar, Advocate h/f Shri V.B. Patil, Advocate for respondent no.2.

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CORAM: S.V. GANGAPURWALA & K.L. WADANE, JJ.

DATE: 20.08.2016 ORDER :

1] This is an application for extension of time to complete the enquiry as directed by this Court vide order dated 2.4.2012 in the writ petition. Extension of six months was sought vide application dated 25.9.2012. 2] Shri Chapalgaonkar, learned counsel for the respondent no.1 submits that the enquiry was directed to

CA 12025/12 in WP 3146/09 - 2 - be completed within the stipulated period. The same is not completed. The respondent no.1 had to file contempt petition. In the affidavit filed to the contempt petition, the reasons mentioned therein are similar to the one mentioned in the present application. The applicants are only trying to protract the enquiry to protect the delinquents.

3] Almost four years have lapsed after the application is filed and the said application was never moved from the date it was filed. Even the relief claimed now does not survive. The application as such is disposed of. No costs. The respondent no.1 can agitate his grievance, if any, in the contempt petition.

(K.L. WADANE, J.) (S.V. GANGAPURWALA, J.) ndk/c2081625.doc