Bombay High Court
M/S. Hema Dyeing & Printing Mills Pvt. ... vs The Cloth Markets And Shops Board And Ors on 27 January, 2021
Bench: K.K. Tated, R.I. Chagla
24-IA-1-19-WP-2794-18.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1 OF 2019
IN
WRIT PETITION NO. 2794 OF 2018
Bhimrao Ramchandra Sawant ...Applicant
In the matter between
M/s. Hema Dyeing & Printing Mills Pvt. Ltd. ...Petitioner
Versus
The Cloth Markets & Shops Board & Ors. ...Respondents
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Mr. Rajaram V. Bansode, for the Applicant.
Dr. Pallavi Divekar a/w Ms. Lata Desai a/w Mr. Rohan Karande, for
the Respondent Nos. 1 adn 2.
Mrs. P.J. Gavhane, AGP, for the Respondent-State.
(No R & P.)
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Sharayu CORAM : K.K. TATED &
P. Khot
R.I. CHAGLA, JJ.
Digitally signed by DATE : 27 January 2021 Sharayu P. Khot Date:
2021.02.01 12:37:47 ORDER :
+0530
1. Heard the learned Counsel for parties.1/3
24-IA-1-19-WP-2794-18.doc
2. By way of this Interim Application, the Applicant- Original Respondent No. 5 is seeking permission to withdraw the sum of Rs. 7,02,040/- deposited by the original Petitioner in the Registry of this Court.
3. Learned Counsel for the Applicant submits that the Petitioner filed Writ Petition No. 2794 of 2018 challenging the order passed by the Cloth Markets and Shops Board directing them to pay Rs. 14,04,079/- to the Mathadi workers. He submits that the Petitioner preferred Civil Application No. 1430 of 2019 for stay of the order passed by the Board. In that Application, this Court by order dated 23rd July 2019 granted ad-interim relief in terms of prayer clause (b) of the Civil Application on condition that the Petitioner had to deposit 50% of the total amount of Rs. 14,04,079/- in the Registry of this Court. He submits that the Civil Application No. 1430 of 2019 is also pending for hearing and final disposal.
4. The concerned Shirestedar submits that the papers and proceedings of Writ Petition No. 2794 of 2018 are under search.
5. Learned Advocate Mr. Bansode for the Applicant submits 2/3 24-IA-1-19-WP-2794-18.doc that the Applicant undertakes to reconstruct the papers and proceedings of Writ Petition No. 2794 of 2018 including the pending Civil Application and Exhibits thereto. Same is permitted. Reconstruction shall be made on or before 4th February 2021.
6. In the meanwhile, the Registry is directed to find out the papers and proceedings immediately.
7. Matter to appear on board on 8th February 2021.
8. In the meanwhile, the learned Advocate for the Applicant is directed to inform the other side about the next date in writing.
[R.I. CHAGLA J.] [K.K. TATED, J.]
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