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Bombay High CourtWP/8318/2024disposed off

Om Shakti Mahila Seva Sahakari Santha Maryadit v. Mira Bhayender Municipal Corporation And ANR

2024-06-11Hon'Ble Justice Kamal Khata , Hon'Ble Shri Justice M.S. Sonak3 pages

Pradnya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8318 OF 2024 M/s. Om Shakti Mahila Seva Sahakari Sanstha Maryadit

...Petitioner

Versus

Mira Bhayender Municipal Corporation and anr.

...Respondents

Mr. P. M. Mokashi i/b. Mr. A. P. Mokashi, for the Petitioner.

Ms. Pooja Malik i/b. Mr. N. R. Bubna, for Respondent No.1.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

PC:- 1.

Heard Mr. P. M. Mokashi, learned counsel for the Petitioner.

2.

Mr. Mokashi submits that private service has been effected on the Respondents. He also tenders affidavit of service.

3.

However, we find that now the Respondents are appearing in this matter today.

4.

Accordingly, we issue notice to the Respondents, returnable on 01st July 2024. The notice to indicate that subject to time constraints an endeavour would be made to dispose of the Petition finally at the admission stage.

5.

The Petitioner to take immediate steps to effect the service, particularly on the Respondent No.1. If the Respondent No.1 wishes to file any reply he should do so by 26th June 2024 by serving an advance copy on the learned counsel for the Petitioner. 6.

Further, we make it clear that in case the Respondent No.1 proposes to appoint any other contractor to supply the Mid-Day meals in place of the Petitioner, then, such appointment will be subject to passing of final orders in this Petition. Respondent No.1 must make this position very clear to such contractor. This is so that the new contractor claims no equities in the matter.

7.

At this stage, Ms. Pooja Malik holding for Mr. N. R. Bubna appears in the matter and waives service on behalf of Respondent No.1. Respondent No.1 accordingly file affidavit if they so desire latest by 26th June 2024 by serving an additional copy on the learned counsel for the Petitioner. Affidavit of service to be filed in the registry.

8.

Stand over to 1st July 2024 at 2:30 p.m.

(Kamal Khata, J) (M.S. Sonak, J) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 12/06/2024 10:14:03