Bombay High CourtWP/1/2014dispossed offdismiss for default

The Vidarbha Cooperative Marketing Federation, Thr. Its Managing Director, Mr. S. Haribabu v. The Agricultural Produce Market Committee, Hinganghat Thr. Its Chairman/Secretary And Another

2015-08-19Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1 OF 2014.

The Vidarbha Co-operative Marketing Federation, Nagpur. ..vs..

The Agricultural Produce Market Committee and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.S.Ghate, Adv. for the petitioner.

Mr.(Dr.) Anjan De, Adv. for respondent no.1.

Ms.Kalyani Deshpande, AGP for respondent no.2. CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : AUGUST 19, 2015.

Advocate Mr.Ghate, upon instructions, seeks leave to withdraw with leave to prosecute the appeal filed by the petitioner with respondent no.2. Advocate Mr.Anjan De submits that said appeal is not maintainable in view of clear provisions of law. He further submits that the appeal is also not maintainable in view of the request made by the petitioner on 19th of April, 2010 to permit them to continue in premises till January, 2014 only.

Advocate Mr.Ghate is seeking continuation of interim order, which has been granted by this Court on 31st of December, 2013, till appeal is decided and Advocate Mr.De is strongly opposing the same. The learned Assistant Government Pleader appearing on behalf of respondent no.2 submits that the appeal shall be decided in accordance with law, at the earliest.

Without observing anything on merit of the controversy and at the risk of the petitioner, we grant leave to the petitioner as sought for. Interim order already granted is continued for the period of four

2 1908wp1.14.odt weeks so as to enable the petitioner to request the appellate Authority to consider his request for interim orders.

In view of this, writ petition is disposed of. No costs.

JUDGE JUDGE Chute.