Venus Stone Crushers., v. Sao Jose De Areal Villagers Union.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 981 OF 2018 IN WRIT PETITION NO. 613 OF 2009 QUALITY GRANITES., ... Applicant

Versus

SAO JOSE DE AREAL VILLAGERS UNION., ... Respondent WITH MCA NOS. 982 AND 983 OF 2018.

Mr. Sudesh Usgaonkar and Ms. R. Pereira, Advocates for the petitioner.

Mr. Nigel Costa Frias and Ms. L. Sawant, Advocate for the respondent.

Coram:- R. D. DHANUKA & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 15th April 2019 P.C.

Heard learned Counsel for the parties.

2. By these three applications the applicants who are parties to the Writ Petitions seek recall of the order dated 11.10.2018 on the ground that name of the learned Advocate who had filed vakalatnama on behalf of them has not appeared on board.

3. When the relevant order came to be passed by this Court the learned Counsel could not remain present when the said matter was on board. The learned Counsel appearing for the applicants states that rights of his client in the aforesaid three application

MCA/981/2018 are seriously affected in view of the direction issued by this Court more particularly in paragraph 9 of the order dated 11.10.2018 in the absence of the applicants.

4. The learned Counsel appearing for the respondents does not dispute that name of learned Advocate who appears for applicants was not shown on board when the matter was on board. It is not in dispute that Writ Petition is still pending before this Curt.

5. We make it clear that the directions issued by this Court on 11.10.2018 will not apply to the applicants in these applications(original respondent nos.5,6,7 are concerned). The rival contentions of the parties (respondent nos. 5 to 7) are kept open by this Court at the time of hearing of Writ Petition by this Court. Accordingly three applications are disposed of on the aforesaid terms. Name of the learned Advocate who has filed vakalatnama, should be shown on board. The applicant shall not seek any adjournment in the matter in future if name of the Advocate is shown on board. There shall be no Order as to costs.

PRITHVIRAJ K. CHAVAN, J.

R. D. DHANUKA, J.

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