Bombay High Court
Babaso Ganpatil Awate vs The State Of Maharashtra And Ors on 22 December, 2021
Bench: R. D. Dhanuka, R. N. Laddha
spb
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19wp3796-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3796 OF 2021
Babaso Ganapati Awate ... Petitioner.
Versus
State of Maharashtra and Ors. ... Respondents
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Mr. Narendra V. Bandiwadekar, Advocate a/with Mr.Vinayak R. Kumbhar
for the Petitioner.
Mrs. P. J. Gavhane, AGP for the State-Respondent Nos.1, 2 and 6.
Dr. Vinod Joshi, Advocate for the Respondent No. 5.
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CORAM : R. D. DHANUKA & R. N. LADDHA, JJ.
DATE : DECEMBER 22, 2021.
P.C. :-
1 Learned Counsel appearing for the Respondent No. 5 seeks time to file Affidavit-in-Reply to oppose this Petition.
2 Mr. Bandiwadekar, learned counsel appearing for the Petitioner invited our attention to the directions issued by this Court vide paragraph 4 of the Order dated 19th March, 2021 passed by this Court (Coram : Nitin Jamdar & C.V. Bhadang, JJ.), directing that the Respondent No. 2 will place on record copy of the letter No. 6949 dated 21st April, 2020 and whether the office of the Respondent No. 5 was apprised of the order passed in Writ Petition No. 8832 of 2015, by filing Digitally signed by SHALIKRAM an additional affidavit within two weeks from the date of the said order.
SHALIKRAM PRALHADRAO PRALHADRAO BOREY BOREY Date:
2021.12.22 19:19:07 +0530 spb 2 19wp3796-21.doc Mr. Bandiwadekar states that the Respondent No. 2 has not complied with the said order till date.
3 Ms. Gavhane, learned AGP for the State, seeks time to comply with the said directions in the order and to enable the State to file Affidavit -in- reply within three weeks from today. Time is granted as prayed. Copy of the Affidavit in reply shall be served upon the learned counsel for the Petitioner as well as on the Respondent No. 5 simultaneously. Affidavit in reply the proposes to be filed by Respondent No. 5 shall indicate clearly that inspite of the order passed by this Court, directing the Respondents to release the payment of retiral dues of the Petitioner, whether the Respondent No. 5 can withheld the payment on the one or the other grounds.
4 Place the matter on Board for admission on 17th January, 2022.
5 The Petitioner would be at liberty to file additional Affidavit-
in-reply within three weeks from the date of the reply served upon the Petitioners by the Respondents. The Petitioner would be at liberty to file Rejoinder to the Reply Affidavit filed by the State within two weeks from today and copy of the same shall be served upon the Respondents simultaneously.
[R. N. LADDHA, J.] [R. D. DHANUKA, J.]
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