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Bombay High CourtWP/2305/2015dispossed offdismiss for default

Kashinath S/O Baliram Samrit v. Union Of India, Through Ministry Of Petroleum, Thr. Its Secretary (Delted) And 2 Others

2016-12-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp2305.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2305 OF 2015 (KASHINATH BALIRAM SAMRIT...VS..UNION OF INDIA THR. MINISTRY OF PETROLEUM & 2 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.L.Jaiswal, Adv. h/f. Shri A.M. Ghare,Adv.for Petitioner. Shri Rohit Joshi, Advocate for Respondent Nos. 2 & 3. CORAM : Z.A.HAQ, J.

DATED : DECEMBER 22, 2016.

1.

The petitioner/ plaintiff has challenged the judgment passed by the District Court to the extent prayer made on behalf of the plaintiff for grant of interim order restraining the defendant Corporation from appointing any service provider, is not granted.

2.

The learned District Judge has granted an interim order restraining the defendant-Corporation from creating third party interest in the suit property till final disposal of the suit and has directed that the plaintiff and the defendant Nos. 2 and 3 shall not breach any condition as mentioned in the pursis (Exh.13) filed in appeal before the District Court. This arrangement is in operation since 11th December, 2014. The learned advocate for the respondent Nos. 2 and 3 submits that in fact, this arrangement is in operation since 21st September, 2012.

3.

Be that as it may, in the facts of the case, I am not inclined to interfere with the impugned judgment.

2 wp2305.15 However, as the civil suit is of 2010 the learned trial Judge is directed to dispose the same till 5th May, 2017. 4.

The petition is disposed in the above terms. The parties to bear their own costs.

JUDGE RRaut..