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Bombay High Court

Gade Transport Ahmednagar vs Aai Tulja Bhavani Transport And Ors on 2 February, 2022

Author: Madhav J. Jamdar

Bench: G.S. Patel, Madhav J. Jamdar

                         904-IA-3403-2021-IN-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021
                      WITH IA-3402-2021 WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021
                                                                       WITH WP-6812-2021+.DOC




                      Shephali



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO. 6199 OF 2021
                                                      WITH
                                 INTERIM APPLICATION NO. 3403 OF 2021
                                                        IN
                                    WRIT PETITION NO. 6199 OF 2021
                                                      WITH
                                 INTERIM APPLICATION NO. 2883 OF 2021
                                                        IN
                                    WRIT PETITION NO. 6199 OF 2021
                                                      WITH
                                 INTERIM APPLICATION NO. 3402 OF 2021
                                                        IN
SHEPHALI
SANJAY
MORMARE
                                    WRIT PETITION NO. 6199 OF 2021
Digitally signed by
SHEPHALI SANJAY                                       WITH
MORMARE
Date: 2022.02.02
15:26:51 +0530
                                 INTERIM APPLICATION NO. 41 OF 2022
                                                        IN
                                    WRIT PETITION NO. 6199 OF 2021


                      Aai Tulja Bhavani Transport                                ...Petitioner
                             Versus
                      State of Maharashtra & Anr                              ...Respondents


                                                      WITH



                                                       Page 1 of 7
                                                   2nd February 2022
    904-IA-3403-2021-IN-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021
WITH IA-3402-2021 WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021
                                                 WITH WP-6812-2021+.DOC




              WRIT PETITION NO. 5100 OF 2021

Mariwala Bhatia Co-operative Consumer Society              ...Petitioner
Ltd
     Versus
The State of Maharashtra & Anr                          ...Respondents

                                WITH
              WRIT PETITION NO. 6394 OF 2021

HP Ghumare through Proprietor Haridas S/o                  ...Petitioner
Pralhad Ghumare
      Versus
The State of Maharashtra through Principal              ...Respondents
Secretary & Anr

                                WITH
              WRIT PETITION NO. 6518 OF 2021

Patil Transport Service through Partner Hanesh             ...Petitioner
Dilip Patil
       Versus
The State of Maharashtra through Secretary &            ...Respondents
Ors

                                WITH
              WRIT PETITION NO. 6812 OF 2021
                                WITH
         INTERIM APPLICATION NO. 3354 OF 2021
                                  IN
              WRIT PETITION NO. 6812 OF 2021




                                 Page 2 of 7
                             2nd February 2022
    904-IA-3403-2021-IN-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021
WITH IA-3402-2021 WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021
                                                 WITH WP-6812-2021+.DOC




SB Konapure through Partners and POA                       ...Petitioner
Shivanand Basappa Konapure
      Versus
The State of Maharashtra through GP & Ors               ...Respondents


                                WITH
              WRIT PETITION NO. 8550 OF 2021

Nobel Carrying Corporation through its Partner             ...Petitioner
Mohiyoddin Abdulfaiz Sultan
     Versus
The State of Maharashtra & Ors                          ...Respondents

                                WITH
              WRIT PETITION NO. 8551 OF 2021

HP Ghumare through its Proprietor Haridas S/o              ...Petitioner
Pralhad Ghumare
      Versus
The State of Maharashtra & Anr                          ...Respondents

                                WITH
              WRIT PETITION NO. 8552 OF 2021

HP Ghumare through its Proprietor Haridas S/o              ...Petitioner
Pralhad Ghumare
      Versus
The State of Maharashtra & Anr                          ...Respondents

                                WITH
              WRIT PETITION NO. 8553 OF 2021

HP Ghumare through its Proprietor Haridas S/o              ...Petitioner


                                 Page 3 of 7
                             2nd February 2022
    904-IA-3403-2021-IN-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021
WITH IA-3402-2021 WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021
                                                 WITH WP-6812-2021+.DOC




Pralhad Ghumare
      Versus
The State of Maharashtra & Anr                          ...Respondents

                                WITH
              WRIT PETITION NO. 8554 OF 2021

Shobhana Transport Company                                 ...Petitioner
     Versus
The State of Maharashtra                                 ...Respondent

                                WITH
              WRIT PETITION NO. 8598 OF 2021

Gupta Freight Carrier through proprietor Vishal            ...Petitioner
Pannalal Gupta
     Versus
The State of Maharashtra & Anr                          ...Respondents

                                WITH
              WRIT PETITION NO. 9787 OF 2021

Joshi Frieght Carrier Through Partner Manoj s/o            ...Petitioner
Biharilal Joshi
       Versus
State of Maharashtra & Ors.                             ...Respondents

                                WITH
              WRIT PETITION NO. 9786 OF 2021

Joshi Frieght Carrier Through Partner Manoj s/o            ...Petitioner
Biharilal Joshi
       Versus
State of Maharashtra & Ors.                             ...Respondents


                                 Page 4 of 7
                             2nd February 2022
    904-IA-3403-2021-IN-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021
WITH IA-3402-2021 WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021
                                                 WITH WP-6812-2021+.DOC




                                WITH
              WRIT PETITION NO. 9785 OF 2021
                                WITH
      INTERIM APPLICATION (ST) NO. 1462 OF 2022
                                  IN
              WRIT PETITION NO. 9785 OF 2021

Sainath Grain Traders Pvt Ltd Through Its                  ...Petitioner
Director
       Versus
State of Maharashtra & Ors.                             ...Respondents

                                WITH
           CONTEMPT PETITION NO. 479 OF 2021

Shobhana Transport Company, through partner                 ...Petitioner
Sanjay s/o Tukaram Mahajan
      Versus
Principal Secretary, Food and Civil Supply
Consumer Protection Department Government
of Maharashtra                                          ....Respondent



Mr Vishwajeet Sawant, Senior Advocate, with Rohan Kadam &
     Vishwajeet Mohite, i/b Sidddharth R Kapre, for the Petitioner in
     WP-6199/2021.
Mr Krishna Agrawal, i/b Talekar & Associates, for the Petitioner in
     WP-6394/2021.
Mr AR Bamne, i/b M/s. AR Bamne Co, for Proposed Respondent No.
     2-Bank of Baroda in IA/41/2022 in WP/6199/2021.
Mr Girish Godbole, with Hitesh Vyas, for the Applicant in
     IA/1462/2022 and for the Petitioner in WP/9785/2021.


                                 Page 5 of 7
                             2nd February 2022
    904-IA-3403-2021-IN-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021
WITH IA-3402-2021 WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021
                                                 WITH WP-6812-2021+.DOC




Mr Sharan Jagtiani, Senior Advocate, with Nivit Srivastava and
     Sneha Patil, i/b Maniar Srivastava Associates, for the Applicant
     in IA/3403/2021 and IA/41/2022.
Mr Nivit Srivastava, with Sneha Patil, i/b Maniar Srivastava
     Associates, for the Applicant in IA/3402/2021.
Mr Akshay Petkar, with Aniket Malu, for Petitioner in WP-
     6518/2021.
Mr Ajita Mishra, with Ms Sadhana & N Srivastava, i/b Maniar
     Srivastava, for Applicant in IA-3403/2021.
Ms Ayodya Patki, i/b Ashish Sonawane, for Applicant in IA-
     2883/2021.
Mr AA Kumbhkoni, Advocate General, with PP Kakade, GP, AP
     Shinde, 'B' Panel Counsel & RP Kadam, AGP, for Respondent-
     State, in all Writs Petitions.
Mr Sudhir Halli, i/b Ruchira Halli, for Petitioner in WP-6812/2021.
Dr Abhinav Chandrachud, with Yash Dewal, i/b Ajay Patil, for
     Respondent No.5 in WP/8550/2021.




                      CORAM         G.S. Patel &
                                    Madhav J. Jamdar, JJ.
                      DATED:        2nd February 2022
PC:-


INTERIM APPLICATION (ST) NO. 1462 OF 2022 IN WRIT PETITION NO. 9785 OF 2021:

1. The Interim Application seeks an amendment. We permit the amendment. Amendments are to be carried out by 8th February 2022 without need of reverification.
Page 6 of 7

2nd February 2022 904-IA-3403-2021-IN-ASWP-6199-2021 WITH IA-2883-2021 WITH IA-3403-2021 WITH IA-3402-2021 WITH WP-5100-2021 WITH WP-6394-2021 WITH WP-6518-2021 WITH WP-6812-2021+.DOC

2. The Interim Application is disposed of in these terms.

3. List the entire group on 1st March 2022.

4. Previous order/s to continue until then.

5. All concerned will act on production of a digitally signed copy of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J) Page 7 of 7 2nd February 2022