Bombay High CourtWP/4220/2016dispossed offdismiss for default

Karmaveer Shankarrao Kale Sahakari Sakhar Karkhana Ltd. Gautam Nagar Ahmednagar v. Konkan Agro Marine Industries Pvt Ltd., Nagpur

2016-08-01Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4220/2016 Karmaveer Shankarrao Kale Sahakari Sakhar Karkhana Limited, Kolpewadi, Taluka Kopargaon, District Ahmednagar ...Versus...

Konkan Agro Marine Industries Pvt. Ltd., Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vaibhav Joglekar, Adv. with Shri R.D. Dhande, Adv. for petitioner Shri V.P. Maldhure, AGP for respondent no.2 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 01.08.2016 The only prayer made by the petitioner in this writ petition is for a direction to the Joint District Judge - 2 and Sessions Judge, Nagpur to hear and decide the interim injunction application, Exh.5 in T.M. Suit No.5/2010 within four weeks. Shri Maldhure, the learned Assistant Government Pleader states, on instructions, that the District and Sessions Judge - 2, Nagpur has joined at Nagpur on transfer on 6.6.2016 and when the matter came up for hearing on Exh.5, on a couple occasions after the said date, the Counsel for the petitioner was not ready to work out the matter. It is stated that the Joint District & Sessions Judge - 2, Nagpur would decide the matter as early as possible, if the parties cooperate.

In view of the statement made by the learned Assistant Government Pleader, since the prayer made in the writ petition is innocuous, without issuing notice to the respondent no.1, we dispose of the writ petition with the hope and trust that the respondent no.2 would decide the injunction application as far as possible, within four months.

Order accordingly. No costs.

JUDGE JUDGE Wadkar

C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : S.S. Wadkar, P.S. Uploaded on : 02/08/2016