The Commissioner, Corporation Of The City Of Panaji v. Shri. Felix Agnel Rodrigues And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 649 OF 2015 IN WRIT PETITION NO. 414 OF 2015 THE COMMISSIONER, CORPORATION OF THE CITY OF PANAJI ... Applicant

Versus

SHRI. FELIX AGNEL RODRIGUES AND 2 ORS., ... Respondents Mr. Ashwin D. Bhobe, Advocate for the Applicant. Mr. J. A. Lobo, Advocate for the Original Petitioners. Mr. A. Prabhudessai, Addl. Government Advocate for the Respondent nos. 1 and 4.

Coram:- F. M. REIS & C. V. BHADANG, JJ.

Date:- 5th October, 2015 P.C.

Heard Shri A. D. Bhobe, learned Counsel appearing for the Applicant, Shri Lobo, learned Counsel appearing for the Original Petitioners and Shri Prabhudessai, learned Addl. Government Advocate appearing for the Respondent nos. 1 and 4.

2. This is an application for extension of time to comply with the directions issued by this Court while disposing of Writ Petition no. 414 of 2015 by Judgment dated 11/06/2015.

3. Shri Lobo, learned Counsel appearing for the original Petitioners, opposes the said extension as, according to him, unnecessary delay has occasioned on account of lack of deligence on the part of the

MCA/649/2015 concerned Officer. It is pointed out that the Respondents have already filed their reply somewhere in the month of July, 2015 and, no further progress was made to comply with the directions.

4. Mr. A. D. Bhobe, learned Counsel appearing for the Applicants, has brought to our notice the averments of the application seeking extension of time and that the matter was delayed as some of the parties were not served and summons were returned unserved. Another reason was that the Commissioner had to recuse himself on account of some allegations made by the concerned party. Learned Counsel further pointed out that the service is already complete and the stage of filing the reply has also been complete and the matter is now ready for inquiry. Learned Counsel further pointed out that such inquiry shall be concluded within three months from today.

5. In the peculiar facts and circumstances of the case, time to comply with the directions in the Judgment dated 11.06.2015 are extended by three months as last chance. Liberty to the Original Petitioners to file additional public documents on the next date of hearing fixed before the learned Commissioner, which is stated to be tomorrow i.e. 06.10.2015.

6. Application stands disposed of.

C. V. BHADANG, J.

F. M. REIS, J.

arp/*