The Federation Of Forest Labourers Cooperative Societies Limited, Thr. President, Bapurao B. Uikey v. Murlidhar Daulatrao Batale (Dismissed)

2023:BHC-NAG:16720 1 76-WP1038-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.

OF 20 WITH MISC. CIVIL APPLICATION ST.

NO.

OF 20 WITH MISC. CIVIL APPLICATION ST. NO. 15889 OF 2019 (REJ MCA 158 OF 2020) WITH CIVIL APPLICATION (CAW) NO.

AND WRIT PETITION NO.

(THE FEDERATION OF FOREST LABOURER'S COOP. SOCIETIES LTD...VS.. MURLIDHAR DAULATRAO BATALE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K.Bhoyar, Advocate for Petitioner.

Shri S.A.Radke, Advocate for Respondent No.1. CORAM : A NIL S. KILOR , J.

DATED : DECEMBER 04 , 20 .

C IVIL APPLN.NO.580/2023 .

1.

For the reasons stated in the application, the delay of 1241 days caused in filing the Misc.Civil Application for restoration of MCA St. No.15889/2019, is condoned. 2.

The Civil Application is disposed of accordingly. MISC. CIVIL APPLN.ST.NO.6191/2023 3.

For the reasons stated in the application, the application is allowed.

4.

The Misc.Civil Application Stamp No.15889 of 2019 is restored to its file.

2 76-WP1038-2018 5.

The Misc.Civil Application is disposed of accordingly.

MISC. CIVIL APPLN.ST.NO.15889/2023 6.

For the reasons stated in the application, the application is allowed.

7.

The Writ Petition is restored to its file against respondent No.1.

The Misc.Civil Application is disposed of accordingly.

CIVIL APPLN.NO.200/2023.

8.

For the reasons stated in the application and as per the proposal submitted by the petitioner dated 29/11/2023, the respondent No.1 is permitted to withdraw the amount of Rupees One Lakh, deposited by the petitioner, along with interest, if any, accrued thereon.

WRIT PETITION NO.1038/2018.

9.

Leave to amend paragraph 5 of the affidavit dated 29/11/2023.

10.

The amendment be carried out forthwith.

3 76-WP1038-2018 11.

By the affidavit dated 29/11/2023 the petitioner has shown desire to pay the amount to the respondent No.1 as directed by the Maharashtra State Cooperative Appellate Court by May 2024, if not paid by the respondent No.2, with liberty to take steps to recover it from the respondent No.2, by filing appropriate proceedings or taking steps against the respondent No.2, after paying the same to the respondent No.1. The petitioner has further agreed to allow the respondent No.1 to withdraw the amount of Rupees One Lakh, which was deposited by the petitioner in this Court.

12.

Thus, in view of the affidavit dated 29/11/2023 the Writ Petition is disposed of with liberty to recover it from the respondent No.2, by filing appropriate proceedings or taking steps against the respondent No.2, after paying the same to the respondent No.1, as permissible under law.

JUDGE RRaut..