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Bombay High Court

Cdr Vijaykumar B Patil (Retd) vs Union Of India And Ors on 2 February, 2021

Bench: K.K. Tated, R.I. Chagla

Jitendra   Digitally signed
           by Jitendra S.
S.         Nijasure
           Date: 2021.02.04
Nijasure   12:46:54 +0530
                                                                           37-wp-12915-2019.doc

           jsn

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.12915 OF 2019


                    Cdr. Vijaykumar B. Patil                          ...Petitioner

                              Versus

                    The Union of India & Ors.                         ...Respondents

                                                     ----------
                    Mr. Kandarp Trivedi, i/b. Dewani Associates for the Petitioner.
                    Durgaprasad Halwai i/b. Singhi and Co. For the Respondent
                    No.3.
                    Mrs. P.J. Gavhane, AGP for the State.
                                                     ----------

                                                     CORAM :        K.K. TATED &
                                                                    R.I. CHAGLA, JJ.

                                                     DATE         : 2ND FEBRUARY, 2021.

                    ORDER :

1. Heard learned Counsel for parties.

2. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner is challenging the decision taken by the Respondent No.3 i.e. Bank of Maharashtra stopping payment of D.A. and also initiated the recovery of the DA pay in past without appreciating the facts and circumstances. 1/2

37-wp-12915-2019.doc

3. Learned Counsel Mr. Halwai appearing for Respondent No.3 submits that he requires three weeks time to fle Affdavit in Reply. In view of this following order is passed:-

(a) Respondent No.3 to fle Affdavit in Reply on or before 25th February, 2021 with copy to other side, failing which they have to pay costs of Rs.2,500/- to the Petitioner.
(b) Affdavit in Rejoinder, if any, to be fled on or before 2nd March, 2021, with copy to other side.
(c) Matter to appear on board on 8th March, 2021.
     [R.I. CHAGLA J.]                           [K.K. TATED, J.]




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