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Bombay High CourtCAW/1673/2017dispossed offdismiss for default

Shri Ashok S/O Bapuraoji Davare And Others v. State Of Maharashtra Thr. Secretary Ministry Department Of Co-Op., Mumbai And Others

2017-09-07Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

7.9CAW.1673.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO. 1673/17 IN WRIT PETITION NO. 1806 OF 2017. (Shri Ashok Bapurao Davare & others .vs. The State of Maharashtra & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. A.M. Ghare, Advocate for petitioners/applicants, Mr. M.G. Bhangde, Senior Counsel with Mr. A.M. Balpande, A.G.P. for respondent nos. 1 to 3, Mr. S.W. Sambre, Advocate for respondent no.4. Dr. R.S. Sundaram, Advocate for intervenors.

CORAM : B.P. DHARMADHIKARI & ARUN D. UPADHYE, JJ. DATED : SEPTEMBER 7, 2017.

It is not in dispute that earlier it was agreed that Writ Petition and other matters will be argued accepting that prayer for amendment is allowed and hearing will not be adjourned. Accordingly, hearing has commenced today and learned Senior Counsel appearing for respondent nos. 1 to 3 in Writ Petition No. 1806/17 has pointed out that bonafides of respondents are also questioned. According to him, filing of additional affidavit may be required.

In this situation, to avoid further complications, we grant C.A. No. 1673/17.

Oral leave by Mr. A.M. Ghare, learned Advocate for petitioners, to add prayer clause also in consequence of amendment allowed in main Writ Petition is granted as respondents have fairly given no objection.

Necessary amendment be carried out within next two

7.9CAW.1673.17 working days.

Parties are at liberty to file their additional affidavits/replies at the earliest.

Hearing to continue on 8.9.2017.

Judge Judge J.