Bombay High CourtWP/5743/2014dispossed offdismiss for default

Ramesh Bhimraoji Choudhary v. State Of Maharashtra Through Secretary, Urban Development Dept., Mumbai And Another

2015-01-12Hon'Ble Shri Justice Anoop V.Mohta,Hon'Ble Shri Justice A.R. Joshi1 pages

1 wp5743.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5743 OF 2014.

(RAMESH BHIMRAOJI CHOUDHARY..VS..STATE OF MAH. URBAN DEVELOPMENT DEPTT. & ANR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.S.Bhelkar, Advocate for Petitioner.

Mr S.S.Doifode, A.G.P. for Respondent No.1/State. Mr. M.G.Rathi, Advocate for Respondent No.2.

CORAM : ANOOP V.MOHTA & A.R.JOSHI, JJ.

DATED : JANUARY 12, 2015.

P.C.

RULE. Rule made returnable forthwith. Heard finally by consent of the parties.

The petitioner has invoked Article 226 of the Constitution of India and prayed for direction against the Chief Officer, Municipal Council, Dhamangaon (Railway) for the payment of retiral benefits along with interest. Respondent No.2 by reply dated 11.12.2014 conceded the position about the retiral benefits as prayed and therefore, sought six months' time for the payment to be made with interest as they are facing acute financial shortage. Therefore, considering the averments made by both the parties and in the interest of justice, we are inclined to grant time of three months, as a last chance, to pay the retiral benefits with interest, without further delay. The petition is accordingly disposed of with liberty. No costs.

(A.R.Joshi, J.) (Anoop V.Mohta, J.) RRaut..