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Bombay High CourtLPA/81/2006withdrawn

N.K. Harchandani v. State Of Mah. Thr. Principal Secy. Urban Development Dept. And Anor.

2015-11-27Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR LETTERS PATENT APPEAL NO.81 OF 2006 IN WRIT PETITION NO. 3746 OF 2005 (N. K. Harchandani Vs. State of Maharashtra & another) WITH LETTERS PATENT APPEAL NO.264 OF 2006 IN WRIT PETITION NO. 3746 OF 2005 (Aspi Dinshaw Bapuna Vs. N. K. Harchandani & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : B. P. DHARMADHIKARI AND V. M. DESHPANDE, JJ.

DATED : 27 NOVEMBER, 2015 The appellant has filed pursis seeking leave to withdraw the L.P.A. with liberty to prosecute further remedies/process already initiated by him as per orders dated 13/6/2006 and 21/9/2009. The pursis is taken on record as "Ex.X".

Shri Kasat, learned Counsel appearing for respondent No.2 submits that if further remedies are open, the appellant may be left free to prosecute it, in accordance with law.

Senior Advocate Shri Dharmadhikari with Advocate Shri Shukul points out that he has filed independent Letters Patent Appeal No.264 of 2006 in

2711lpa81.06+.odt 2/2 the matter and if this appeal is disposed of, his grievance may not survive.

In this situation, we grant request made by the appellant through Senior Advocate Shri Jaiswal.

Letters Patent Appeal No. 81 of 2006 is disposed of as withdrawn with liberty to the appellant to prosecute such other remedy as is open to him in law.

Consequently, Letters Patent Appeal No. 264 of 2006 is also disposed of as infructuous. No costs.

JUDGE JUDGE wwl