Goa Housing Board, Through Its Managing Director. v. M/S. Link Properties Developers Ltd., Through Its Director Mr. Prakash Jalan.
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO. 566 OF 2016 IN WRIT PETITION NO. 671 OF 2015 GOA HOUSING BOARD, THROUGH ITS MANAGING DIRECTOR.
... Applicant
Versus
M/S. LINK PROPERTIES DEVELOPERS LTD., THROUGH ITS DIRECTOR MR.
PRAKASH JALAN.
... Respondent Mr. Dattaprasad Lawande, Additional Advocate General for the applicant.
Mr. A. D. Bhobe, Advocate for the respondent. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.
Date:- 8th August, 2016 P.C.:
Reply filed on behalf of the respondent. Heard Mr. D. Lawande, learned Additional Advocate General appearing for the applicant and Mr. A.D. Bhobe, learned Counsel appearing for the respondent.
2. This is an application for extension of time of further four months to comply with the directions of this Court in the Order dated 16/09/2016 in Writ Petition No. 671/2015, accepting the statement of the learned Advocate General that the show cause notice would be disposed of within a period of four months as stated
MCA/566/2016 therein.
3. Mr. D. Lawande, learned Additional Advocate General appearing for the applicant/original respondent submits that though there was an extension granted to comply with the directions in February, 2016, the applicant requires a further period of four months to complete an inquiry.
4. Mr. Bhobe, learned Counsel appearing for the respondent/original petitioner opposes such request and points out that the applicants are unnecessarily delaying the matter on the specious ground that some vigilance inquiry is pending before the Authority.
5. We have considered the submissions of the learned Counsel and we have also gone through the records. When the statement of the learned Advocate General was accepted, as recorded in the order dated 16th September, 2015, it did not qualify that the inquiry would be completed based on an vigilance inquiry. In any event, in the peculiar facts and circumstances of the case, time to comply with the directions of this Court in the Order dated 16th September, 2015 is extended by another four months, as a last chance. It is made clear that the show cause notice shall be disposed of irrespective of the receipt of the report of the Vigilance Inquiry or not.
MCA/566/2016
6. The application stands disposed of accordingly. NUTAN D. SARDESSAI, J.
F. M. REIS, J.
ssm.