Bombay High CourtCAW/224/2017dismissedrule discharged

Darwha Taluka Sahakari Ginning And Pressing Sanstha,Thr. Its Liquidator Appointed, Vasant T. Nateka v. Khushal S/O Narayan Chirde And Another

2018-01-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw224.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.224 OF 2017 AND CIVIL APPLICATION (CAO) NO.15 OF 2018 IN WRIT PETITION NO.4953 OF 2014 (DARWAH TALUKA SAHAKARI SOOT GIRNI MARYADIT....VS.. KHUSHAL NARAYANRAO CHIRDE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for Petitioner.

Ms Sukshmalata S. Dhone, Adv. H/f. Shri N.S.Bhattad, Adv. for Respondent No.1/Applicant.

Shri A.M.Kadukar, A.G.P. for Respondent No.2. CORAM : Z.A.HAQ, J.

DATED : JANUARY 05, 2018.

By this application, the original respondent No.1 has made a grievance that the original petitioner has not complied with the directions given by this Court in the judgment delivered on 23rd November, 2015. By order dated 30th January, 2017 notice was issued to the Liquidator appointed on the petitioner-society. The office note shows that according to bailiff report, Vasant Tukaram Natekar, who was appointed as Liquidator, is reported to be dead. Now, the original respondent has filed Civil Application No. 15 of 2018 seeking permission to amend the cause title of the writ petition to bring on record the name of the liquidator who is presently appointed.

The respondent cannot be permitted to amend the petition, that too after its disposal.

2 caw224.17 In these circumstances, both the civil applications are dismissed with liberty to the original respondent to avail appropriate remedy, according to law.

JUDGE RRaut..