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Bombay High CourtCA/12458/2018disposed offdismissed for default

Manju Manish Jain v. The State Of Maharashtra And Others

2018-10-06Hon'Ble Shri Justice Ravindra V. Ghuge4 pages

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7674 OF 2018 IN WP/3621/2008 SUKHWASI BHAGWANDAS LAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO.12185 OF 2018 IN CIVIL APPLICATION NO.7674 OF 2018 IN WP/3621/2008 HARSHAD SHASHIKANT JAIN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO.12186 OF 2018 IN CIVIL APPLICATION NO.7674 OF 2018 IN WRIT PETITION NO.3621 OF 2008 ANKUR SHASHIKANT JAIN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS.

WITH CIVIL APPLICATION NO.12456 OF 2018 IN CIVIL APPLICATION NO.7674 of 2018 IN WRIT PETITION NO.3621 OF 2008 24 PRAMODJI SANCHETI -VERSUSTHE STATE OF MAHARASHTRA AND OTHERS.

WITH CIVIL APPLICATION NO.12457 OF 2018 IN CIVIL APPLICATION NO.7674 of 2018 IN WRIT PETITION NO.3621 OF 2008 23 PRAVINJI PAGARIYA

*2* -VERSUSTHE STATE OF MAHARASHTRA AND OTHERS.

WITH CIVIL APPLICATION NO.12458 OF 2018 IN CIVIL APPLICATION NO.7674 of 2018 IN WRIT PETITION NO.3621 OF 2008 12 MANJU MANISH JAIN -VERSUSTHE STATE OF MAHARASHTRA AND OTHERS.

WITH CIVIL APPLICATION NO.12459 OF 2018 IN CIVIL APPLICATION NO.7674 of 2018 IN WRIT PETITION NO.3621 OF 2008 10 MRS.BHARTI SHARAD CHAUDHARI -VERSUSTHE STATE OF MAHARASHTRA AND OTHERS.

WITH CIVIL APPLICATION NO.12460 OF 2018 IN CIVIL APPLICATION NO.7674 of 2018 IN WRIT PETITION NO.3621 OF 2008 8 & 9 SACHIN PRAKASH RAKA AND YATIN PRAKASH RAKA -VERSUSTHE STATE OF MAHARASHTRA AND OTHERS.

...

Advocate for the Applicants in CA/7674/2018 : Shri Mantri Ramesh R.. Advocate for the Applicants in CA/12456/2018 to 12460/2018 : Shri Darshan D. Pokharkar.

AGP for the Respondents/ State : Shri K.S.Patil. Advocate for the original Petitioners in WP/3621/2008 : Shri S.H.Tripathi. Advocate for Respondent 8/ Developer : Shri S.R.Sapkal h/f Shri V.D.Sapkal.

...

*3* CORAM: RAVINDRA V. GHUGE, J.

DATE :- 06th October, 2018 Per Court:

Civil Application Nos.12456/2018 to 12460/2018 were not on the Board and are taken on the Board on the request of Shri Pokharkar, learned Advocate.

Shri Mantri, learned Advocate appearing for the Applicants in Civil Application No.7674/2018 submits that he has received the communications from Applicant No.18 (Ankur Jain) and Applicant No.19 (Harshad Jain) dated 10.09.2018 that they are withdrawing his authority letter and they would prosecute the Civil Application themselves or withdraw. The said communications (two pages) are taken on record and marked as "X-1" collectively.

The record shows that the said Applicant Nos.18 and 19 have been granted the certificates by the Committee under the Bombay High Court (Appellate Side) Rules to appear in person in Civil Application Nos.12185/2018 and 12186/2018.

As such, the appearance of Shri Mantri, learned Advocate is discharged for Applicant Nos.18 and 19 in Civil Application No.7674/2018.

When called out, both Applicant Nos.18 and 19 are not

*4* present in the Court. Both of them have prayed for deletion of their names from Civil Application No.7674/2018, in both the Civil Application Nos.12185/2018 and 12186/2018, which are, therefore, allowed. The names of Applicant Nos.18 and 19 shall stand deleted from Civil Application No.7674/2018. Deletion be carried out within two weeks. Insofar as the five Civil Applications bearing Nos. 12456/2018 to 12460/2018 are concerned, Shri Mantri does not desire to make an issue of the fact that his clients, namely, Applicant Nos. 8, 9, 10, 12, 23 and 24 in Civil Application No.7674/2018, have approached another learned Advocate and have filed these five Civil Applications seeking to delete themselves from Civil Application No.7674/2018. Considering the above, the five Civil Applications bearing Nos.

12456/2018 to 12460/2018 are allowed and Applicant Nos.8 (Sachin Raka), 9 (Yatin Raka), 10 (Bharati Chaudhary), 12 (Manju Jain), 23 (Pravinji Pagariya) and 24 (Pramodji Sancheti) in Civil Application No.7674/2018, stand deleted from Civil Application No.7674/2018. Deletion to be carried out within two weeks from today. Consequently, these seven Civil Applications are disposed of. List Civil Application No.7674/2018 in the urgent orders category on 26.10.2018.

kps (RAVINDRA V. GHUGE, J.)