United India Insurance Co Ltd v. Jamunabai Namdeo Divekar And ORS

5 wp.1360.10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION WRIT PETITION NO. 1360 OF 2010 UNITED INDIA INSURANCE CO LTD

VERSUS

JAMUNABAI NAMDEO DIVEKAR AND OTHERS ...

Advocate for Petitioner : Mr. S.G. Chapalgaonkar. ...

CORAM :

N. W. SAMBRE, J.

DATE :

01st April, 2015.

Per Court:

.

An interlocutory order came to be passed against which the present writ petition is filed. The MACP is finally decided on 31st December, 2009, against which the Petitioner has preferred First Appeal No.1301 of 2010, which is reported to be admitted. In view thereof, the present writ petition, in my opinion, is not tenable. As such, the petition stands disposed of as infructuous. However, it is made clear that the issues which are sought to be raised by the Petitioner while questioning the cause in the present petition, are kept open to be canvassed in the said first appeal. [ N. W. SAMBRE, J. ] ndm