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Bombay High CourtMCA/964/2018allowed

Gananath Sakakari Milk Prod. Co-Op. Soc. Ltd., Rep. By Chairman, Vikas Vishwanath Prabhu And ANR., v. The State Of Goa, Rep. Thr. Chief Secretary And 4 ORS.,

2019-03-12Hon'Ble Shri Justice R. D. Dhanuka,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 964 OF 2018 IN WRIT PETITION NO. 1062 OF 2018 GANANATH SAKAKARI MILK PROD.

CO-OP. SOC. LTD., REP. BY CHAIRMAN, VIKAS VISHWANATH PRABHU AND ANR., ... Applicants

Versus

THE STATE OF GOA, REP. THR. CHIEF SECRETARY AND 4 ORS., ... Respondents Mr. Vivek Angelo Rodrigues with Mr. Vithal Naik, Advocates for the Petitioner in Writ Petition 1062/2018. Mr. Ryan Da Piedade Menezes with Mr. Nigel Fernandes, Advocates for the Applicants in MCA No. 964/2018. Mr. Dattaprasad Lawande, Advocate General alongwith Mr. Pravin N. Faldessai, Additional Government Advocate for the Respondent Nos. 1 and 2.

Mr. Ashwin D. Bhobe, Advocate for the Respondent Nos. 3 & 5. Coram:- R. D. DHANUKA & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 12th March 2019

1. By this application, the applicants are seeking intervention in this petition i.e. Writ Petition No. 1062/2018 on the ground that the applicants are a registered co-operative society engaged in the collection of milk produced by its members, which it supplies to Respondent No.3.

2. The applicants also claim to be stakeholders and claim that

MCA/964/2018 if any order is passed in this writ petition, their interests would be vitally affected.

3. Learned Counsel for the original petitioner, opposes this application on the ground that the applicants are not at all concerned with this matter and thus, cannot be allowed to intervene in this writ petition.

4. On perusal of the averments made in the Misc. Civil application, we are of the view that intervention of the applicants in this writ petition would not cause any prejudice to the petitioner or the respondents, in view of the applicants claiming to be stakeholders of this petition and vitally interested in the subject matter of this petition.

5. The Misc. Civil Application No. 964/2018 is accordingly allowed. The Petitioner is directed to implead the intervenors as Respondent No.6.

6. Amendment to be carried out forthwith. Re-verification is dispensed with. No order as to costs.

PRITHVIRAJ K. CHAVAN, J.

R. D. DHANUKA, J.

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