The Federation Of Forest Labourers Co-Operative Societies Ltd., Wardha v. Digambar S/O Bhauraoji Moon Dead, Through Lrs. Smt. Tai Wd/O Digamber Moon And Others

1 wp2107.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2107/2017 The Federation of Forest Labourers Co-operative Societies Ltd. ..VS..

Digambar S/o Bhauraoji Moon Dead Thru LR's & 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 the petitioner Shri S.U. Bhuyar, Advocate for the respondent no. 1 Ms. A.S. Athalye, Advocate for the respondent no. 2 CORAM : Z.A.HAQ, J.

DATED : 07/03/2019 The learned advocate for the petitioner - Cooperative Society, on instructions, has submitted that in view of the submissions made by the respondent no. 2 - Jay Bharat Forest Labourers Co-operative Society Ltd., accepting the liability as stated in the communication dated 26/02/2019 (copy of which is placed on record alongwith the submissions), the petitioner - Society does not want to press the petition. It is requested that the petitioner - Society be granted six months time to pay the amount to the respondent nos. 1A to 1D as per the impugned order.

The petition is disposed as withdrawn. In the circumstances, the parties to bear their own costs. Though the request made on behalf of the petitioner - Society for grant of six months time to pay/deposit the amount is opposed by the advocate for the respondent nos. 1A to 1D, considering the facts of the case,

2 wp2107.17 the petitioner - Society is granted time till 31/07/2019 to pay/deposit the amount payable to the respondent nos. 1A to 1D, however, on condition that the Secretary of the petitioner - Society shall file an undertaking to that effect on record of this petition within 15 days. If the undertaking is filed within 15 days, coercive recovery shall not be made against the petitioner - Society till 31/07/2019.

If the undertaking is not filed within 15 days, the respondent nos. 1A to 1D will be at liberty to proceed with the execution after 25/03/2019.

JUDGE Ansari