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Bombay High CourtMCA/751/2019dismissed

Jaiwant P. Naik., v. State Of Goa, Thr. Its Chief Secretary And 14 ORS.,

2019-08-13Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 751 OF 2019 IN WRIT PETITION NO. 845 OF 2017 JAIWANT P. NAIK., ... Applicant

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY AND 14 ORS., ... Respondents Mr. Arjun F. Naik, Advocate for the Applicant/Petitioner. Mr. D. Shirodkar, Addl. Government Advocate for Respondent Nos.1 and 2.

Mr. Parag S. Rao, Advocate for Respondent Nos.3 to 15. Coram:- M. S. SONAK & NUTAN D. SARDESSAI, JJ.

Date:- 13th August, 2019 P.C.

According to us, there is absolutely no case of urgency made out to hear this petition out of turn. This is because in our order dated 7th March, 2018, we had inquired with the Petitioner as to whether he is ready to face motion of no confidence if he is reinstated to the post of Chairman of the Society. The Petitioner, responded in negative and his response is reflected in our order dated 7th March, 2018. In the same order, we had observed that in such state of facts, it is not necessary to give any priority to this petition.

MCA/751/2019

2. Today, we once again inquired with the learned counsel for the Petitioner whether the Petitioner is willing to face no confidence motion. To this question, he answered that 13 out of 14 members of the Board are against him. In the aforesaid circumstances, we do not think that this is a fit case to hear the matter out of turn. The application for early hearing is therefore dismissed.

NUTAN D. SARDESSAI, J.

M. S. SONAK, J.

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