Tulsidas Nair v. State Of Maharashtra Thr And ORS

906.IA.12808.2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12808 OF 2025 IN INTERIM APPLICATION NO.12080 OF 2025 Tulsidas Nair Applicant versus The State of Maharashtra through others Respondents _______ Mr.Prosper D'souza i/by Mr.M.V.Holamagi for Applicant. Mr.P.P.Kakade, Additional G.P with Ms.P.J.Gavhane, AGP for State. Mr.Gaurav Shrivastav with Ms.Ravleen Sabharval for Respondents 2 and 3 SRA Mr.Mohit Sant for intervenor.

_______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

4th November 2025 P.C.

1.

This Interim Application is filed in the Writ Petition No.8304 of 2025, which was permitted to be withdrawn permitting the Petitioner-Applicant to avail of the appropriate remedy before the competent authority. We are informed that the Applicant has already approached the competent authority and there is an order passed by the competent authority not accepting the Applicant's appeal. 2.

In this view of the matter, appropriate remedy for the ApplicantPetitioner would be to assail the order passed by the competent authority. In any event, considering the well settled principles of law by the Supreme Court in the case of State of Uttar Pradesh Vs. Brahm Datta Sharma and another1, an interim application and that too for substantive reliefs would not be maintainable. MANISH SURESHRAO THATTE Date: 2025.11.04 19:32:56 +0530 MANISH SURESHRAO THATTE 1(1987)2-SCC-179 Manish Thatte

906.IA.12808.2025.DOC 3.

This interim application cannot be entertained. It is accordingly disposed of with liberty to the Applicant-Petitioner to avail of appropriate remedy. All contentions of the parties on merits are expressly kept open. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Manish Thatte