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Bombay High CourtIA/12333/2025disposed off

The State Of Maharashtra Through The Secretary School Education Department v. Morya Shikshan Sanstha

2025-10-13Hon'Ble Shri Justice Suman Shyam , Hon'Ble Justice Smt Manjusha Ajay Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1172 OF 2018 Morya Shikshan Sanstha, Netivali, Kalyan and Ors.

...Petitioners

Versus

The State of Maharashtra Through the Secretary, School Education Dept. Mantralaya, Mumbai and Ors.

...Respondents

WITH INTERIM APPLICATION NO.12333 OF 2025 (For Condonation of Delay) IN WRIT PETITION NO.1172 OF 2025 The State of Maharashtra Through the Secretary, School Education Department, Mantralaya, Mumbai and Anr.

.... Applicants

IN THE MATTER BETWEEN :

Morya Shikshan Sanstha, Netivali, Kalyan and Ors.

...Petitioners

Versus

The State of Maharashtra Through the Secretary, School Education Dept. Mantralaya, Mumbai and Ors.

...Respondents

WITH INTERIM APPLICATION NO.8385 OF 2025 (For Extension of time for payment of Cost) IN WRIT PETITION NO.1172 OF 2025

The State of Maharashtra Through the Secretary, School Education Department, Mantralaya, Mumbai and Anr.

.... Applicants

IN THE MATTER BETWEEN :

Morya Shikshan Sanstha, Netivali, Kalyan and Ors.

...Petitioners

Versus

The State of Maharashtra Through the Secretary, School Education Dept. Mantralaya, Mumbai and Ors.

...Respondents

Mr. Narendra V. Bandiwadekar, Senior Advocate with Mr. Vinayak Kumbhar and Mr. Rajendra B. Khaire i/b. Ms. Ashwini N. Bandiwadekar, advocate for the Petitioners.

Mr. B. V. Samant, Addl. G.P. with R.A. Salunke, AGP for Respondent-State in IA 8385 of 2025.

Mr. B. V. Samant, Addl. G.P. with Ms. Pooja Joshi Deshpande, for Respondent-State in IA 12333 of 2025.

CORAM:

SUMAN SHYAM & MANJUSHA DESHPANDE, JJ.

DATED:

13TH OCTOBER 2025.

PC:- 1.

These two Interlocutory Applications have been filed by the Digitally signed by RAJESHRI PRAKASH AHER Date:

2025.10.18 11:32:54 +0530 State by making separate prayers. In Interim Application No.12333 RAJESHRI PRAKASH AHER of 2025, the prayer is to condone the delay of 138 days in filing the additional affidavit as per directions contained in the order dated 17th January, 2025 passed by this Court. In the other application i.e. Interim Application No.8385 of 2025, a prayer has

been made seeking extension of time for depositing the cost of Rs.10,000/- with the Registry.

2.

The learned counsel for the opposite parties/Writ Petitioner does not have any objection to the above prayers. In view of the above and considering the explanation furnished by the learned AGP appearing for the Respondent-State, we are inclined to allow the prayers. As such, the delay of 138 days in filing the additional affidavit is hereby condoned. The additional affidavit is taken on record. The Writ Petitioner may file additional rejoinder, if so advised.

3.

The Applicant-State in the Interim Application No. 8385 of 2025 is granted two weeks time from today to deposit cost of Rs.10,000/- with the Registry.

4.

With the above observations, both the Interim Applications are disposed of.

5.

Writ Petition to be listed on 17th November, 2025. (MANJUSHA DESHPANDE, J.) (SUMAN SHYAM, J.) {