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Bombay High CourtWP/694/2018disposed of

Uma Venkatesh Deshpande., v. State Of Goa, Thr. The Chief Secretary And 4 ORS.,

2018-07-06Hon'Ble Shri Justice N. M. Jamdar,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

vinita 1 WP694-18 dt -6.7.18

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.694 OF 2018 Uma Venkatesh Deshapnde .... Petitioner.

Versus

State of Goa, Thr.The Chief Secretary and 4 others .... Respondents.

Mr. J. J. Mulgaonkar, , Advocate for the Petitioner. Ms. Neha Kholkar, Additional Government Advocate for the Respondent Nos.1 to3.

Mr. V. P. Thali, Advocate for the Respondent nos.4 and 5. Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ.

Date : 6 July 2018.

P.C.:

Heard learned Counsel for the parties.

2.

The learned Counsel for the Petitioner has made it abundantly clear that the petition is a mercy petition to give some breathing time, as the Petitioner intends to approach the appropriate Authority i.e Tribunal. The learned Counsel for the Respondents opposes and states that the Petitioner had undertaken to pay the amount, which the Petitioner did not. The Petitioner had approached

vinita 2 WP694-18 dt -6.7.18 the Tribunal earlier and so also the High Court at Bombay and no relief was granted and the only relief that was granted was a conditional order, which the Petitioner did not comply. The learned Counsel for the Petitioner made a grievance that notice of 19 June 2018 was served on 3 July 2018 giving the Petitioner hardly any time. Even assuming so, it is not so that the Petitioner is taken by surprised. Only by way of indulgence, we postpone the date in the notice from 5 July 2018 to 11 July 2018. Since this order is passed in the presence of Counsel for the Petitioner and Counsel for the Bank and the learned Additional Government Advocate, no further notice is required and the Mamlatdar will act on the notice already issued on 19 June 2018 with above substitution. If no order is passed by that time by the Tribunal granting protection to the Petitioner, the Petitioner undertakes that no further extension from this Court shall be sought.

3.

Writ Petition is accordingly disposed of.

4.

All parties to act on the authenticated copy of this order. Prithviraj K. Chavan, J. N.M. Jamdar, J.