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Bombay High CourtMCA/439/2015disposed of

M/S. Leading Hotels, Represented By Its Mr. P. Ravi. v. Shri Anthony Mendes And 10 ORS.,

2015-07-16Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 439 OF 2015 IN WRIT PETITION NO. 433 OF 2015 M/S. LEADING HOTELS, REPRESENTED BY ITS MR. P. RAVI.

... Applicant

Versus

SHRI ANTHONY MENDES AND 10 ORS., ... Respondents Mr. V. Dhond, Senior Advocate with Mr. Shivan Desai, Advocate for the applicant.

Ms. N. Alvares, Advocate for the respondent no.4. Mr. V. Rodrigues, Addl. Government Advocate for respondent nos. 6 to 10.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 16th July, 2015 P.C.

Heard Mr. V. Dhond, learned Senior Counsel appearing for the applicant, Ms. N. Alvares, learned counsel appearing for the respondent no.4 and Mr. V. Rodrigues, learned Addl. Government Advocate appearing for the respondent nos. 6 to 10.

2. This is an application for clarification filed by the applicant inter-alia on the premise that the observations at para 8 of the judgment dated 30.06.2015 passed by this Court may be misconstrued by the learned Tribunal to mean that the objections of the applicant, if any, to the maintainability or otherwise of the

MCA/439/2015 application need not be examined by the learned Tribunal. Needless to say that we have not examined on the maintainability of such application and it has to be decided by the learned Tribunal on its own merits in accordance with law.

3. In such circumstances, all objections of the applicant including the maintainability of the application, if any, are not foreclosed.

4. The application stands disposed of accordingly. K. L. WADANE, J.

F. M. REIS, J.

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