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Bombay High CourtMCA/738/2017disposed of

Mohini Mohinikant Volvoikar., v. The Communidade Of Pilerne, Thr. The President And 4 ORS.,

2017-10-04Hon'Ble Shri Justice G. S. Patel,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

Mohini Mohinikant Volvoikar v The Communidade of Pilerne & Ors 918-MCA738-17.doc Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.738 OF 2017 IN WRIT PETITION NO. 667 OF 2016 Mohini Mohinikant Volvoikar ... Applicant

Versus

The Communidade of Pilerne & Ors

...Respondents

Mr Y Nadkarni & Mr N Noronha, Advocates for the Applicant. Mr J Vaz, Advocate for Respondent No 1.

Mr Dattaprasad Lawande, Advocate General with Ms P Bhandari, Additional Government Advocate for Respondent Nos 2, 3 & 5.

CORAM:

G.S. PATEL & NUTAN D. SARDESSAI, JJ DATED:

4th October 2017 PC:- 1.

Mr Vaz agrees that the order dated 31st January 2017 in Writ Petition No 667 of 2016 be recalled as the 4th Respondent was neither served nor heard, and that the Writ Petition be restored to file.

2.

We will allow the application but without attributing any motive to the original Writ Petitioner and we will accept the statement made in the affidavit in reply that the Petitioner proceeded on the basis of such information as had been given to her at the relevant time.

4th October 2017

Mohini Mohinikant Volvoikar v The Communidade of Pilerne & Ors 918-MCA738-17.doc 3.

The application is made absolute in terms of prayer clause (a). 4.

Writ Petition No 667 of 2016 is restored to file. 5.

The cause title is to be amended to show the Applicant's name as Respondent No 4. Reverification dispensed with. Mr Nadkarni will furnish his client's address as shown in her passport/driving licence.

6.

Affidavit in reply of the present Applicant to be filed by 10th November 2017. Affidavit in rejoinder, if any, to be filed by 24th November 2017.

7.

List the petition for admission on 28th November 2017. NUTAN D. SARDESSAI J.

G. S. PATEL J.

4th October 2017