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Bombay High CourtCA/93/2019disposed of

Vijaykumar S. Patil., v. The State Of Goa, Thr. Secretary (Co-Operation), Govt. Of Goa And 14 ORS.,

2019-04-30Hon'Ble Shri Justice R. D. Dhanuka,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 93 OF 2019 IN WRIT PETITION NO. 478 OF 2018 VIJAYKUMAR S. PATIL., ... Applicant

Versus

THE STATE OF GOA, THR. SECRETARY (CO-OPERATION), GOVT. OF GOA AND 14 ORS., ... Respondents Mr. Ryan Da Piedade Menezes and Mr. Nigel Fernandes, Advocates for the Applicant.

Mr. P. Faldessai, Addl. Government Advocate for Respondent Nos.1 and 2.

Mr. D. Pangam and Mr. P. Sawant, Advocates for Respondent No.3.

Ms. S. Bhandare holding for Mr. A. D. Bhobe, Advocate for Respondent No.4.

Mr. Nigel Da Costa Frias, Advocate for Respondent Nos.5, 6, 8, 12 and 14.

Coram:- R. D. DHANUKA & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 30th April 2019 P.C.

The Applicant has impugned the decision taken by the Goa State Milk Producers Union Limited in the meeting held on 9th April, 2018 declaring the Applicant as disqualified. The Writ Petition filed by the Applicant has already been admitted.

2. Mr. Menezes, learned counsel for the Applicant states that

CA/93/2019 the Respondents are likely to fill up the post of Director today and if anybody is appointed in place of the Applicant, the Writ Petition filed by the Applicant would be infructuous.

3. The Respondents are permitted to go ahead with the proposed meeting to fill up the vacancy. It is however made clear that the appointment, if any, made by the Respondents would be subject to the outcome of the petition. If any appointment is made, a copy of the decision shall be furnished to the Applicant by the Respondents. It is made clear that we have not expressed any views on merit of this matter. All contentions of both the parties are kept open.

4. The Civil Application is disposed of on the aforesaid terms. PRITHVIRAJ K. CHAVAN, J.

R. D. DHANUKA, J.

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