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Bombay High CourtCAW/1075/2023ca disposed off

Sayyad Roshanali Sayyd Mumtaj Ali v. Municipal Council, Achalpur, Amravati Through Its Chief Officer And Another

2023-04-19Hon'Ble Shri Justice Anil S. Kilor2 pages

4wp5060-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAW NO.1075 OF 2023 IN Writ Petition No.5060 Of 2018 Sayyad Roshanali Sayyd Mumtaj Ali Vs Municipal Council, Achalpur, Amravati Through Its Chief Officer And Another ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms A.S. Lanjewar, Advocate h/f Shri N.R. Saboo, Advocate for the Petitioner Shri Sanket Puranik, Advocate h/f Shri Khandewale for the respondent No.1/applicant Ms Shamsi Haidar, AGP for the Respondent No.2/State CORAM : ANIL S. KILOR, J.

DATE : 19th April 2023 1.

Heard.

2.

This is an application moved by the Municipal Council for extension of time to comply with the order dated 25.01.2023. 3.

The learned counsel for the applicant/respondent No.1 submits that record is not traceable and therefore, 16 weeks time may be granted.

4.

The learned counsel for the petitioner is opposing the said prayer.

5.

This Court, vide order dated 25.01.2023 has already granted two months' time for taking the necessary steps for payment of pensionary benefits to the petitioner. Though, in paragraph 2 of the application, it is stated that the record is not traceable because of it is old, but it is not pointed out that what steps the Municipal Council has taken to trace out the record.

nd.thawre

4wp5060-2018.odt 6.

Since the matter relates to the pensionary benefits, time of 16 weeks cannot be granted. In the circumstances, as a last chance, time of 10 weeks is granted.

7.

It is made clear that no further extension will be granted, unless sufficient cause is pointed out.

8.

The application is disposed of accordingly.

[ANIL S. KILOR, J.] DOMAJI THAWRE 17:49 nd.thawre