Deorao Raghobaji Golhar v. The Joint Charity Commissioner, Nagpur

caw1313.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO.

IN WRIT PETITION NO.

2597 OF 2020 (D ) (Deorao Raghobaji Golhar and others Vs. The Joint Charity Commission, Nagpur and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A. P. Thakre, Advocate for Petitioners.

Mr. K. L. Dharmadhikari, AGP for Respondents 1 & 4/State. Mr. V. A. Dhabe, Advocate for Respondents 2 & 3. CORAM: ROHIT B. DEO , J.

DATE: 5 th JANUARY, .

The respondents 2 and 3 in Writ Petition 2597/2020 have moved this application seeking recall of the order dated 03.11.2020.

2.

The relevant portion of the order of which recall is sought, reads thus:

9.

The writ petition is disposed of with the above directions. Since the said directions are in the interest of the trust, no prejudice would be caused to respondent Nos. 2 and 3, even if the writ petition stands disposed of on the first date of listing itself.

3.

The respondents 2 and 3, who were admittedly not served with notice, are contending that the elections were already held, and this fact was not brought to the

caw1313.20.O.odt notice of the High Court.

4.

It would not be necessary to make any positive observation on the submission since admittedly respondents 2 and 3 were not heard, and the learned counsel for the petitioner Mr. Thakre fairly states that the petitioner has no objection if the order dated 03.11.2020 is recalled and the petition is heard afresh.

5.

The order dated 03.11.2020 is recalled.

6.

The Writ Petition 2597/2020 be listed for final disposal at the admission stage on 19.01.2022. 7.

In the interregnum, the learned counsel for the petitioner Mr. Thakre is requested to supply the entire paper-book to Mr. Dhabe within the next three days. 8.

This application is disposed of.

JUDGE NSN SHIVNARAYAN NIKHARE