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Bombay High CourtMCA/137/2016allowed

Director Of Transport Through Sunil Masurkar v. M/S Sociedade Timblo Irmaos Limitada And ANR., Rep. By M/S Panduronga Timblo Industrias

2016-02-10Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 137 OF 2016 IN WRIT PETITION NO. 371 OF 2012 DIRECTOR OF TRANSPORT THROUGH SUNIL MASURKAR ... Applicant

Versus

M/S SOCIEDADE TIMBLO IRMAOS LIMITADA AND ANR., REP. BY M/S PANDURONGA TIMBLO INDUSTRIAS ... Respondent Mr. Vivek Rodrigues, Government Advocate for the applicant. Mr. R. G. Ramani, Advocate fort he respondent. Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 10th February, 2016 P.C.:

Heard Mr. Rodrigues, learned Government Advocate appearing for the applicant and Mr. R.G. Ramani, learned Counsel appearing for the respondents.

2. It is not in dispute that the facts in the present petition are identical to the facts in Writ Petition No.234/2009 wherein time has been granted to the applicant/State Government to file an additional affidavit on or before 12th February, 2016 pursuant to an application made for extension of time.

3. In the peculiar facts and circumstances of the case and

MCA/137/2016 considering the nature of the dispute raised in the writ petition, we hereby grant last and final opportunity to the applicant/State Government to file an additional affidavit on or before 12th February, 2016. In case no such affidavit is filed, the right of filing such an affidavit shall stand automatically forfeited. The respondents/petitioners, if so advised, are at liberty to file a rejoinder, if any, to such an affidavit, at least two days before the next date.

4. With the aforesaid directions application stands disposed of.

5. Place the writ petition for final hearing first on Board on 23/02/2016.

K. L. WADANE, J.

F. M. REIS, J.

ssm.