← Library
Bombay High CourtIA/12978/2024rejected

Chaitanya Bahuuddeshiya Shikshan Prasarak Mandal Thr The Chairman And ORS v. Auxilo Finserve Private Limited And ORS

2024-12-05Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar2 pages

28-WP-10889-24 WITH IA-12978-24.doc Rameshwar Dilwale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10889 OF 2024 Auxilo Finserve Private Limited & Anr.

.. Petitioners Vs.

The State of Maharashtra & Ors.

.. Respondents WITH INTERIM APPLICATION NO.12978 OF 2024 IN WRIT PETITION NO.10889 OF 2024 Chaitanya Bahuuddeshiya Shikshan Prasarak Mandal & Ors.

..Applicants

IN THE MATTER BETWEEN:

Auxilo Finserve Private Limited & Anr.

.. Petitioners Vs.

The State of Maharashtra & Ors.

.. Respondents ...

Mr. Charles De Souza with Mr. Nikhil Rajani, i/by M/s V. Deshpande & Co., Advocates for the petitioners. Mr. Samir Vaidya with Mr. Dhairyasheel V. Sutar, Adv. Prachy Mody, Advocates for the applicants/Intervenors. Mr. B. V. Samant , Additional Government Pleader with Mr. S. P. Kamble, Assistant Government Pleader, Advocates for the respondent-State.

Mr. Dashrath Kale, Trustee present for Intervenors. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 5th DECEMBER, 2024.

P.C. :

1.

On 27/11/2024, the following order has passed :- "To enable the learned counsel for the applicantsintervenors to approach the petitioner no.1 - Financial Institution for repaying the dues that are outstanding and also with a view to enable the applicants-intervenors to 1/2

28-WP-10889-24 WITH IA-12978-24.doc Rameshwar Dilwale bring to the notice of the parents of the students taking education as the school being run by the applicantintervenor no.1 that the academic activities of the school would not be continued from 2024-2025, list under the caption "For Directions" on 5th December 2024." 2.

The learned counsel for the petitioner no.1 submits that till today the proposed intervenors have not approached it in the matter of working out the settlement of its dues that are outstanding. Similarly, on being asked as to what steps were taken to inform the parents of the students taking education that the academic activities at the School would not continue from 2024-25, it is informed that no such steps have been taken till today. It appears that the applicants are not serious in clearing the dues payable nor of informing the parents of the closure of the School at the end of the academic year 2023-24.

3.

Only by way of indulgence, time is granted to show bonafides by 17th December 2024.

4.

List under the caption "For Directions" on 17th December 2024.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 Signed by: Rameshwar L. Dilwale Designation: PA To Honourable Judge Date: 06/12/2024 09:52:04