Bombay High CourtWP/6776/2015dispossed offdismiss for default

Rameshwar S/O. Onkarrao Gite v. State Of Maha., Through Secretary, Dept. Of Social Justice And Special Assistance, Mumbai And Other

2016-04-07Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

0704wp6776.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6776 OF 2015 (Rameshwar s/o Onkarrao Gite vs. The State of Maharashtra thr. Its Secretary, Department of Social Justice & Special Assistance & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

APRIL 07, 2016.

Heard Mrs. S.W. Deshpande, learned counsel for the petitioner, Shri A.S. Fulzele, learned Additional GP for respondent Nos. 1 to 3 and Mrs. Dewani, learned counsel for respondent No. 4, for some time.

We are not satisfied with the state of affairs which are presented to this Court. However, as several disputed questions arise, we are not recording any finding at this stage. We permit Respondent Nos. 4 & 5 to submit appropriate proposal to meet demands of the petitioner to Respondent No. 3 within a period of eight weeks from today. If such a proposal is submitted, Respondent No. 3 shall independently look into the conduct of the petitioner, conduct of the management, agreements on record and thereafter find out whether the proposal as submitted can be accepted or not. The said decision shall be taken within next three months.

If necessary, the parties shall be extended an opportunity of hearing.

If thereafter any amount is found becoming due

0704wp6776.15 and payable to the petitioner, the same shall be made over to the petitioner within next three months. Acceptance of such an amount shall not preclude either the petitioner or management from challenging the correctness of the exercise undertaken.

With these directions and keeping all rival contentions open for consideration at appropriate stage, we dispose of the present writ petition. However, there shall be no order as to costs.

JUDGE JUDGE *GS.