M/S. Abid And Companya,Ngp. v. Nagpur Housing And Area Development Board

Order 2603lpa128.02

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR L.P.A.NO. 128/2002 & C.A.Z.NO.277/2013 IN F.A.NO.27/1984. M/s/ Abid and Company. Nagpur.

-VERSUSNagpur Housing and Area Development Board, Nagpur. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & S.B.SHUKRE, JJ.

DATE : MARCH 26, 2015.

Shri Kapadia, learned Counsel holding for Shri Bhangde, learned counsel for appellant has filed 'No instruction pursis'. The same is taken on record and marked "Exh.X" for identification. It is accompanied by a notice forwarded to the appellant concerned.

Shri N. Vyawahare, learned counsel for respondent however, submits that in the light of Full Bench judgment of this Court reported at 2008 (6) Mh.L.J. 941 (Mohd. Riyazur Rehman Siddiqui .vrs. Deputy Director of Health Services), the Letters Patent Appeal is not maintainable, as it is preferred

Order 2603lpa128.02 after 01.07.2002.

Shri Kapadia, learned Counsel only to assist the Court invites attention to Full Bench Judgment reported at 2004 (3) Mh.L.J. 706 (Rahul Sharad Awasthi .vrs. Ratnakar Trimbak Pandit and others). According to him, observations in paragraph no.29 therein, squarely clinch the jurisdiction. As the appellant / original plaintiff has chosen not to appear and give instructions, we do not find it necessary to adjudicate the question. Letters Patent Appeal is accordingly dismissed for want of prosecution. No costs.

Objection raised by learned counsel for respondent vide Civil Application is kept open, and can be looked into, if occasion therefor arise.

JUDGE JUDGE Rgd.