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Bombay High CourtWP/13982/2017disposed offdismissed for default

Jagannath Vaijinathrao Kale v. The State Of Maharashtra And Others

2018-01-09Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 wp 13982.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13982 OF 2017 Jagannath Vaijinathrao Kale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Devdatt P. Palodkar, Advocate for the Petitioner. Shri G. O. Wattamwar, A.G.P. for Respondent / State. Shri R. N. Dhorde, Senior Advocate h/f Shri V. R. Dhorde, Advocate for the Respondent No. 3.

Shri H. A. Bajaj and Kamlakar J. Suryawanshi, Advocate for Respondent No. 4.

Shri Gajanan G. Kadam, Advocate for Respondent No. 5. WITH WRIT PETITION NO. 13966 OF 2017 Ashok Jagannath Salunke .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Laxman H. Kawale, Advocate for the Petitioner. Shri R. N. Dhorde, Senior Advocate h/f Shri V. R. Dhorde, Advocate for Respondent No. 3.

Shri Kamlakar J. Suryawanshi, Advocate for Respondent No. 5. WITH WRIT PETITION NO. 14062 OF 2017 Deogiri Sahakari Sakhar Karkhana Kamgar Union, Through its President and another .. Petitioners

Versus

The State of Maharashtra and others .. Respondents

2 wp 13982.17 Shri S. S. Thombre, Advocate for the Petitioners. Shri G. O. Wattamwar, A.G.P. for Respondent / State. Shri R. N. Dhorde, Senior Advocate h/f Shri V. R. Dhorde, Advocate for Respondent No. 3.

Shri Kamlakar J. Suryawanshi, Advocate for Respondent No. 5. CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 9 th January, 2018 PER COURT :

1.

Mr. Dhorde, learned senior advocate raises a preliminary objection that the petitioners have an alternate remedy before the Debt Recovery Tribunal.

2.

In view of that, though Mr. Thombre, Mr. Palodkar and Mr. Kawale, the learned advocates for respective petitioners sought to canvass submission on merits, we are not inclined to consider the same.

3.

The writ petition are disposed of with liberty to the petitioners to avail the alternate remedy. All contentions are kept open. Needless to state, the Presiding Officer where the applications / appeals would be filed shall consider the time spent in prosecuting the present writ petitions. [A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe/Jan.18