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Bombay High Court

Dinesh Bhanudas Chandanshive vs The State Of Maharashtra And Ors on 28 June, 2023

Author: Neela Gokhale

Bench: G.S. Patel, Neela Gokhale

                                                                              19-ASWP-7392-2021.DOC




                                                                                                    Ashwini



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO. 7392 OF 2021
                                                            WITH
                                   INTERIM APPLICATION NO. 3162 OF 2021
                                                              IN
                                          WRIT PETITION NO. 7392 OF 2021


                       Dinesh Bhanudas Chandanshive                                       ...Petitioner
                            Versus
                       The State of Maharashtra & Ors                                 ...Respondents


                       Mr Harshal Mirashi, for the Petitioner.
                       Mr Ajit M Savagave, for the Respondent.
                       Ms PJ Gavhane, AGP, for the Respondent-State.


                                                     CORAM      G.S. Patel &
                                                                Neela Gokhale, JJ.

ASHWINI H DATED: 28th June 2023 GAJAKOSH PC:-

1. Prima facie, it is clear that the Petitioner has obtained a protective order of 28th October 2021 from a Division Bench of this Court in an Interim Application No. 3162 of 2021 completely suppressing the fact that the Petitioner had not cared to serve the original complainant, his mother. She was the one who complained against the Petitioner under the Maintenance and Welfare of Parents Page 1 of 2 28th June 2023 ::: Uploaded on - 30/06/2023 ::: Downloaded on - 30/06/2023 13:12:12 ::: 19-ASWP-7392-2021.DOC Senior Citizens Act 2007. She is Respondent No. 4 to the Petition and her address in the cause title is deliberately wrong. The order of 28th October 2021 notes the appearance for the State. None appeared for the 4th Respondent. There is no statement that Respondent No. 4 was absent though served.

2. Learned Advocate for the Respondent No. 4 says that even after entering of an appearance, several requests to the Advocate for the Petitioner for a copy of the Petition went unanswered. Finally, he was able to get a copy only today and that too from the learned AGP, Mrs Gavhane. The Petition was filed in October 2021. Until end of June 2023, there is no service properly effected on the 4th Respondent, the main contesting Respondent. It is quite evident that this Petitioner is trying to obtain orders of this court without sufficient notice and by actively misleading the court.

3. The ad-interim order of 28th October 2021 is vacated.

4. The Affidavit in Reply by Respondent No. 4 is to be filed and served by 10th July 2023. Affidavit in Rejoinder is permitted and is to be filed and served on or before 17th July 2023.

5. List the matter on 25th July 2023.

 (Neela Gokhale, J)                                       (G. S. Patel, J)




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