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Bombay High CourtMCA/280/2017disposed of

Shri. Chandrakant Kamble And 21 ORS., v. State Of Goa, Thr. Its Chief Secretary And 4 ORS.,

2017-04-03F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 280 OF 2017 IN WRIT PETITION NO. 888 OF 2016 SHRI. CHANDRAKANT KAMBLE AND 21 ORS., ... Applicants

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY AND 4 ORS., ... Respondents Mr. Galileo Francisco Teles, Advocate for the Applicant. Mr. Dattaprasad Lawande, Advocate General with Ms. P. Sawant, Additional Government Advocate for Respondents no. 1, 2 and 3.

Mr. J. F. Melo, Advocate with Mr. Savio Godinho, Advocate for Respondent no. 4.

Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 3rd April, 2017 P.C.

Heard Mr. G. Teles, learned Counsel appearing for the Applicants and Mr. D. Lawande, learned Advocate General for the Respondents no. 1 to 3 and Mr. J. F. Melo,learned Counsel appearing for the Respondent no. 4.

2. This is an application to extend time to comply with the Undertaking given by the Applicants to vacate the subject premises on or before 31.03.2017.

MCA/280/2017

3. Mr. Teles, learned Counsel appearing for the Applicants states that in view of the ongoing S.S.C. Examinations of the students, time be extended upto 31.05.2017. Mr. Melo, learned Counsel appearing for the Respondent no. 4 opposes the said request of the Applicant. Learned Counsel also pointed out that in terms of the Order passed by this Court, the Applicants were supposed to withdraw all the Civil Suits pending before the Civil Court which they have failed to withdraw. Mr. Teles, learned Counsel appearing for the Applicants, however, submits that 15 Suits are already disposed of and the remaining 5 Suits are disposed on 31.03.2017.

3. In such circumstances, considering the overall view of the matter and as it is stated that the students are answering their final exams, we find it appropriate, in the interest of justice, to extend the time to vacate the subject premises upto 15.05.2017, subject to furnishing a fresh Undertaking by the Applicants to the satisfaction of the Registrar (Judicial).

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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