All Cases
Respondent-1: Kamlesh Mahadeo Oze
Respondent-2: Anr
Petitioner-1: The Commissioner Cgst
Petitioner-2: Central Excise Bhiwandi Commissionerate
Respondent-1: Laxmibai Macchindra Itkar And Anr.
Petitioner-1: Shri. Tukaram Kollappa Itkar
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 3017 OF 2016 In FIRST APPEAL STAMP NO. 14511 OF 2016 Shri. Shamrao Bhikoba Salunkhe And Anr. ....Applicant V/S United India Insurance Pvt. Ltd. And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 1922 OF 2017 In FIRST APPEAL LODGING NO . 14511 OF 2016 Imran Siraj Mulani And Ors ....Applicant V/S Shamrao Bhikoba Salunkhe And Anr. ....Respondent WITH CIVIL APPLICATION IN FA NO. 2110 OF 2019 In FIRST APPEAL LODGING NO . 14511 OF 2016 Shri. Shamrao Bhikoba Salunkhe And Anr. ....Applicant V/S United India Insurance Pvt. Ltd. And Ors. ....Respondent Ms.Shraddha Pawar i/b Dilip Bodake For Applicant Ketan Joshi for R-1 CORAM : VIRENDRASINGH GYANSINGH BISHT, J DATE : 16th January, 2020 P.C. : At the request of learned advocate for the Appellant No. , Stand over to 13/02/2020 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION IN FA NO. 3017 OF 2016 In FIRST APPEAL STAMP NO. 14511 OF 2016 Shri. Shamrao Bhikoba Salunkhe And Anr. ....Applicant V/S United India Insurance Pvt. Ltd. And Ors. ....Respondent WITH CIVIL APPLICATION IN FA NO. 1922 OF 2017 In FIRST APPEAL LODGING NO . 14511 OF 2016 Imran Siraj Mulani And Ors ....Applicant V/S Shamrao Bhikoba Salunkhe And Anr. ....Respondent WITH CIVIL APPLICATION IN FA NO. 2110 OF 2019 In FIRST APPEAL LODGING NO . 14511 OF 2016 Shri. Shamrao Bhikoba Salunkhe And Anr. ....Applicant V/S United India Insurance Pvt. Ltd. And Ors. ....Respondent Adv.Adv.Nandu V. Pawar for Applicant in CAF/1922/2017 Adv. Ketan Joshi for Res. No. 1 CORAM : M. S. KARNIK, J DATE : 11th March, 2020 P.C. : Stand over to 26/03/2020 ( FOR REGISTRAR JUDICIAL - I )
Respondent-1: Shamrao Bhikoba Salunkhe
Respondent-2: Anr.
Petitioner-1: Imran Siraj Mulani
Petitioner-2: Ors
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3608 OF 2021 Shouakat A.Wahab Isane & Ors. ] Petitioners. Vs. The State of Maharashtra ] through Principal Secretary, ] Department of Revenue & Forest ] & Ors. ] Respondents. … Gayatri Singh, Senior Counsel a/w Sangram Chinnappa i/b Kartikeya Bahadur for petitioner. Mr.S.S. Panchpor, AGP for State. Ms Sharmila Deshmukh, for respondent no.5 Maharashtra Coastal Zone Management Authority. … CORAM : K.K. TATED & PRITHVIRAJ K. CHAVAN, JJ. DATE : 3rd AUGUST, 2021. P.C. Heard learned Counsel for parties. Learned Senior Counsel Ms Gayatri Singh appearing on behalf of the petitioner submits that in the present proceeding, as per letter dated 24th December 2004 (Exhibit 'O' page 65) the Revenue and Forest Department directed the Collector, Raigad that excavation of sand in the 11 kilometers area from Vicharewadi to Dasgaon in Savitri river bed, Raigad should be by manual i.e. 'Hathpati'. She submits that inspite of that, the respondent issued E-tender dated 30th September 2021 for mechanized drilling of sand. In support of her contention, the learned Senior Counsel for the petitioner relies on Annexure to E-tender on page no.227 particularly, Gat No.53 to 57. Whether Gat no.53 to 57 comes within the area of 11 kilometer as per letter dated 24th December 2004 from Revenue and Forest department to Collector Raigad or not, for that purpose the petitioner is granted liberty to file affidavit in support of petition. Learned AGP Mr.Panchpor for respondent also seeks some time to file their affidavit in reply. In view of this, following order is passed. a) Liberty is granted to the petitioner to file additional affidavit in support of petition on or before 7th August 2021 with copy to other side. b) Respondent/State to file their affidavit in reply on or before 9/8/2021. c) Matter to appear on board on 11th August 2021. [PRITHVIRAJ K. CHAVAN, J.] [K. K. TATED, J.]
Order - Status 7: 10.3608.21-wp+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3608/2021 Shoukat A. Wahab Isane & Ors. ….. Petitioners Vs. State of Maharashtra & Ors. ….. Respondents WRIT PETITION NO.2946/2021 Abdul Samad Almiya Mandlekar ….. Petitioner Vs. State of Maharashtra & Ors. ….. Respondents Mr. Kartikeya Bahadur for the Petitioner in 3608/2021 Mr. Sangam Chinappa for the Petitioner in 2946/2021 Mr. S. S. Panchpor, AGP for the State Mr. Kaushal Parsekar a/w. Saloni Vyas I/b. Legasis Partners for Respondent No.4 Ms. Jaya Bagwe I/b. Sharmila Deshmukh for Respondent No.5 MCZMA – in both matters Mr. Kumar Abhishek Singh a/w. Nishant Bhatia I/b. Anomal Law Group LLP for Respondent No.6 – in both matters CORAM: K.K.TATED & PRITHVIRAJ K. CHAVAN, JJ. DATED : AUGUST 31, 2021 P.C. 1 Heard. The learned AGP for the State seeks permission to file an additional compilation of documents in the Registry, with copy to other side. 2 Hence, the following order is passed: a. The learned AGP to file an additional compilation of documents in the Registry, on or before 07.09.2021, with copy to other side. b. The matter to appear on board on 20.09.2021. (PRITHVIRAJ K. CHAVAN, J.) (K.K.TATED, J.)
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3608 OF 2021 Shouakat A. Wahab Isane And Ors ....PETITIONER V/S The State Of Maharashtra Thr. Principal Secretary Dept. Of Revenue And Forest And Ors ....RESPONDENT WITH WRIT PETITION NO. 2946 OF 2021 Abdul Samad Alimiya Mandlekar ....PETITIONER V/S The State Of Maharashtra Thr. Principal Secretary And Ors ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE UJJAL BHUYAN & HON'BLE SHRI JUSTICE MADHAV J. JAMDAR, JJ DATE : 27th September, 2021 P.C. : Due to paucity of time, stand over to 11/10/2021. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 12: Priya Soparkar 1 12 wp 3608-21 with wp 2946-21-c PRIYA RAJESH SOPARKAR Digitally signed by PRIYA RAJESH SOPARKAR Date: 2021.10.12 11:05:37 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3608 OF 2021 Shouakat A. Wahab Isane and ors. … Petitioners V/s. State of Maharashtra and ors. … Respondents AND WRIT PETITION NO.2946 OF 2021 Abdul Samad Alimiya Mandlekar … Petitioner V/s. State of Maharashtra and ors. … Respondents Mr.Kartikeya Bahadur, Advocate for the Petitioners in WP No.3608 of 2021. Ms.Gayatri Singh i/by Mr.Sangram Chinnappa, Advocates for the Petitioner in WP No.2946 of 2021. Ms.Neha Bhide, "B" Panel counsel for the Sate. Mr.Kaushal Parsekar i/by M/s Legasis Partners, Advocate for Respondent No.4. Ms.Sharmila Deshmukh, Advocate for Respondent No.5-MCZMA in both matters. Mr.Kumar Abhishek Singh alongwith Mr.Shubham Agrahari and Mr. Nishant Bhatia i/by M/s Anoma Law Group LLP, Advocates for Respondent No.6. CORAM : UJJAL BHUYAN & MADHAV J. JAMDAR, JJ. DATE : OCTOBER 11, 2021. P.C.:- It appears that the contract period of the petitioner has expired on 30th September, 2021. Ms.Bhide, learned AGP to inform us on the next date as to whether there is any proposal for extension of the contract period. All the affidavits be filed in the registry before the next date. Stand over to 21st October, 2021. (MADHAV J. JAMDAR, J.) (UJJAL BHUYAN, J.) ….
Order - Status 15: Digitally signed HEMANT CHANDERSEN SHIV SHIV by HEMANT CHANDERSEN Date: 2022.03.17 17:22:16 $+0530$ Shiv IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2564 OF 2022 Dilip Babaji Ulkirde Versus The State of Maharashtra & Ors ...Petitioner $...$ Respondents WITH INTERIM APPLICATION STAMP NO.6528 OF 2022 IN WRIT PETITION NO.2564 OF 2022 Shaurya Enterprises Versus Dilip Babaji Ulkirde & Ors ...Petitioner ...Respondents WITH WRIT PETITION NO.2946 OF 2021 ... Petitioner Abdul Samad Alimiya Mandlekar Versus The State of Maharashtra & Ors ...Respondents WITH WRIT PETITION NO.3608 OF 2021 Shouakat A Wahab Isane & Ors ...Petitioners Versus The State of Maharashtra & Ors $...$ Respondents Page 1 of 5 17th March 2022 Mrs Gayatrisingh *, Senior Advocate with Mr Sangram Chinnappa for the Petitioner in WP 2564/2022 & WP 3608/2021.* Mr Mihir Desai *, Senior Advocate i/b Kartieya Bahadur for the Petitioner in WP 2946/2021.* Mr K S Thorat *, AGP for the State/Respondent.* Ms Jaya Bagwe *, i/b Sharmila Deshmukh for the MCGM/Respondent No 5 in WP 3608/2021 and WP 2946/2021, WP 2564/2022, IAL 6528/2022.* Mr Prashant Pratap *, Senior Advocate with Kumar Abhishek Singh, Shubham A and Nishant Bhatia i/b Anoma Law Group LLP for Respondent No 6.* Mr Mayur Khandeparkar *, i/b Vaibhav Jagtap, for the Applicant in IAST 6528/2022.* CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 17th March 2022 PC:- 1. We will require from the State of Maharashtra the entire original file by 12.30 pm today relating to all sand mining and sand dredging activities permitted or proposed on the 11 km stretch that is subject matter of Appellate Side Writ Petition No 2564 of 2022, Writ Petition No 3608 of 2021 and Writ Petition No 2946 of 2021. 2. We require this because in Writ Petition No 3608 of 2021 and Writ Petition No 2946 of 2021, both of which are pending, on 11th October 2021 this Court was informed that the contract period regarding the sand mining or dredging had ended on 30th September 2021. The Government was to inform the Court whether there was any proposal for extending the contract period. 3. There was no such communication from the Government at any time. In other words, the Court was never informed of any extension. Instead, it seems that for one contractor represented by Mr Pratap today, an extension of a 2021 contract was granted on 16th February 2022 and sent through the various channels until it finally reached that contractor, who is engaged in mechanised sand dredging at a site on this very stretch along the Savitri river, on 8th March 2022. 4. 8th March 2022 is also the date on which, after hearing Ms Singh and Mr Thorat, we made an ad-interim order in Civil Writ Petition No 2564 of 2022 staying an auction notice for award of mechanised dredging contracts in various gats notified for this very 11 km stretch of the Savitri river. Mr Pratap submits that his clients' contract, though within this 11 km stretch, is not covered by the auction notice that is the subject matter of Writ Petition No 2564 of 2022. 5. Even if that be so, we do not see how the Government could have communicated and put into operation any extension or proposal for extension of Mr Pratap's client's contract since that information had not been communicated to the High Court in the two active Writ Petition Nos 3608 of 2021 and 2946 of 2021. 6. Mr Desai appears for the Petitioner in Writ Petition No 2946 of 2021. Ms Gayatri Singh appears for the Petitioner Writ Petition No 3608 of 2021. (There was an error in noting the appearances on that date). 7. Respondent No 6 before the Division Bench on 11th October 2021 was precisely Mr Pratap's client today. There is no possibility at all of either Mr Pratap's client or of the Government being unaware of the order that was passed on 11th October 2021, or that the Court desired to be informed not only about an extension of the contract but even about any proposal for an extension of the contract period. What the order records (there appears to be another typographical error) is that it was the contract period of Respondent No 6, Mr Pratap's client today, which had expired on 30th September 2021. It is that expired contract that is now sought to be extended. In our view, this is impermissible and could not have been done without informing this Court having regard to these circumstances. 8. For today we will require the original file from the Government relating to the award of all contracts around this stretch of the Savitri river. 9. The previous interim order passed in Writ Petition 2564 of 2022 are extended until next date. We make it clear that for this 11 km stretch of Savitri river no award in any form of sand mining or dredging whether mechanised or by hard is to be awarded until the next date. 10. All Affidavits to be filed by Tuesday 22nd March 2022. 11. Mr Pratap will be entitled to file an Affidavit in Reply to the 2022 Petition. In Writ Petition 2946 of 2021, leave to amend to bring subsequent events on record without need of re-verification. Amendment to be carried out by Tuesday 22nd March 2022. 12. List the Petitions on supplementary board on 25th March 2022, high on board. (Madhav J. Jamdar, J) (G. S. Patel, J)
Order - Status 17: Arun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2564 OF 2022 Dilip B Ulkirde …Petitioner Versus The State of Maharashtra Through Principal Secretary, Department of Revenue And Forest & Ors …Respondents WITH INTERIM APPLICATION (ST) NO. 6528 OF 2022 IN WRIT PETITION NO. 2564 OF 2022 Dilip B Ulkirde …Petitioner Versus The State of Maharashtra Through Principal Secretary, Department of Revenue And Forest & Ors …Respondents WITH WRIT PETITION NO. 2946 OF 2021 Abdul Samad Alimiya Mandlekar …Petitioner Versus The State of Maharashtra Through Principal …Respondents Secretary & Ors WITH WRIT PETITION NO. 3608 OF 2021 Shquakat A Wahab Isane & Ors …Petitioners Versus The State of Maharashtra Through Principal Secretary, Department of Revenue & Forest & Ors …Respondents Mr Mihir Desai, Senior Advocate *, i/b Kartikeya Bahadur, for the Petitioner in WP/2946/2021.* Mr AM Kulkarni *, 'A' Panel Counsel with Mr KS Thorat, AGP, for the State* Ms Jaya Bagwe *, with Anchita Nair and Gayatri Deshmukh, i/b Sharmila Deshmukh, for Respondent No5 (MCZMA).* Mr Prashant Pratap, Senior Advocate *, Kumar Abhishek Singh, Shubham A & Nishant Bhatia, i/b Anoma Law Group LLP, for Respondent No. 6 in WP/2564/2022, WP/2946/2021 and WP/3608/2021.* Mr Mayur Khandeparkar *, with Vaibhav Jagtap, for the Applicant in IAST/6528/2022.* Mr Amol Yadav *, Addl Collector, Raigad, present.* CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 25th March 2022 PC:- 1. Mr Kulkarni tenders an additional file. Ms Gayatri Singh, Senior Advocate *, with Sangram Chinnappa, for the Petitioner in WP/2564/2022 & WP/3608/2021.* 2. Mr Kulkarni requests time till 1st April 2022. He states on oral instructions received in Court that the extension order in favour of the 6th Respondent to Writ Petition No. 3608 of 2021 and also in Writ Petition No. 2946 of 2021 will be recalled by an administrative order taken at the level of the ministry. We have today in open Court outlined the reasons why we believe this is necessary and have made specific reference to an earlier order of 11th October 2021. We are clear that the order needs to be recalled. It is for this reason that we grant Mr Kulkarni time until 1st April 2022. 3. We return the entire file to Mr Kulkarni including the volume that was tendered across the bar today. 4. We also allow the 6th Respondent, Aditya Enterprises and the State Government to file a formal application for extension of the 6th Respondent's license for our consideration. 5. Copies will be served on the Advocates for the Petitioners in all matters. 6. List all the matters for orders on the supplementary board of 1st April 2022. 7. The previous order will continue until Friday, 1st April 2022. (Madhav J. Jamdar, J) (G. S. Patel, J) Page 3 of 3 25th March 2022
Order - Status 20: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2564 OF 2022 Dilip Babaji Ulkirde …Petitioner Versus The State of Maharashtra through Principal Secretary, Department of Revenue and Forest & Ors …Respondents WITH INTERIM APPLICATION (ST) NO. 6528 OF 2022 IN WRIT PETITION NO. 2564 OF 2022 SHEPHALI SANJAY MORMARE Digitally signed by SHEPHALI SANJAY MORMARE Date: 2022.04.07 09:52:11 +0530 Dilip Babaji Ulkirde …Petitioner Versus The State of Maharashtra through Principal Secretary, Department of Revenue and Forest & Ors …Respondents WITH WRIT PETITION NO. 2946 OF 2021 WITH INTERIM APPLICATION (ST) NO. 8142 OF 2022 Abdul Samad Alimiya Mandlekar …Petitioner Versus The State of Maharashtra through Principal Secretary & Ors …Respondents Page 1 of 3 6th April 2022 WITH WRIT PETITION NO. 3608 OF 2021 WITH INTERIM APPLICATION (ST) NO. 8144 OF 2022 Shouakat A Wahab Isane & Ors …Petitioners Versus The State of Maharashtra through Principal Secretary Department of Revenue and Forest & Ors …Respondents Ms Gayatri Singh, Senior Advocate *, with Sangram Chinnappa, for the Petitioner in WP/2564/2022 & WP/3608/2021.* Mr Mihir Desai, Senior Advocate *, i/b Kartikeya Bahadur, for the Petitioner in WP/2946/2021.* Mr AM Kulkarni, 'A' Panel Counsel *, with KS Thorat, AGP, for the State in WP/2564/2022 & WP/2946/2021.* Mr RP Kadam, AGP *, for Respondent-State, in WP/3608/2021.* Ms Jaya Bagwe *, i/b Sharmila Deshmukh, for Respondent No.5 (MCZMA) in WP/3608/2021 and WP/2946/2021.* Mr Prashant Pratap, Senior Advocate *, with Kumar Abhishek Singh, Shubham Agrahi, Nishaan Shetty & Rohan Mathur, i/b Anoma Law Group LLP, for Respondent No. 6, in WP/2564/2022, WP/2946/2021 & WP/3608/2021 .* Mr Mayur Khandeparkar *, with Vaibhav Jagtap, for the Applicant in IAST/6528/2022.* Mr Chirag Dave *, i/b Legasis Partners, for Respondent No. 4, in WP/2946/2021.* CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 6th April 2022 PC:- Page 2 of 3 6th April 2022 1. We expect an Affidavit explaining (there is no other word for it) from the Maharashtra Maritime Board as to how and for what reason it has recommended mechanised dredging and sand mining on the eleven kilometres stretch of Savitri river that is the subject matter of these Petitions. 2. We are also told that the Collector Raigad said that the policy needed to change and it would be advisable to permit mechanised operations here. We do not pretend to understand what this is supposed to mean. Mr Kulkarni for the State Government will need to file a further Affidavit explaining why these changes in the policy were effected and for what public purpose. We want these Affidavits to be filed in the present two Interim Applications. State Government's Affidavits are to be filed by Monday, 11th April 2022. 3. List all three Petitions and two Interim Applications on Tuesday, 12th April 2022, high on board for orders. (Madhav J. Jamdar, J) (G. S. Patel, J)
Order - Status 23: Ashwini IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2564 OF 2022 Dilip B Ulkirde …Petitioner Versus The State of Maharashtra Through Principal Secretary, Department of Revenue and Forest & Ors …Respondents WITH INTERIM APPLICATION (ST) NO. 6528 OF 2022 IN WRIT PETITION NO. 2564 OF 2022 Dilip B Ulkirde …Petitioner Versus The State of Maharashtra Through Principal Secretary, Department of Revenue and Forest & Ors …Respondents WITH WRIT PETITION NO. 2946 OF 2021 Abdul Samad Alimiya Mandlekar …Petitioner Versus The State of Maharashtra Through Principal Secretary & Ors …Respondents WITH ASHWINI HULGOJI GAJAKOSH Digitally signed by ASHWINI HULGOJI GAJAKOSH Date: 2022.04.13 15:20:27 +0530 INTERIM APPLICATION (ST) NO. 8142 OF 2022 IN WRIT PETITION NO. 2946 OF 2021 Abdul Samad Alimiya Mandlekar …Petitioner Versus The State of Maharashtra Through Principal Secretary & Ors …Respondents WITH WRIT PETITION NO. 3608 OF 2021 Shouakat A Wahab Isane & Ors …Petitioners Versus The State of Maharashtra Through The Principal Secretary, Dept of Revenue & Forest & Ors …Respondents WITH INTERIM APPLICATION (ST) NO. 8144 OF 2022 IN WRIT PETITION NO. 3608 OF 2021 Shouakat A Wahab Isane & Ors …Petitioners Versus The State of Maharashtra Through The Principal Secretary, Dept of Revenue & Forest & Ors …Respondents Ms Gayatri Singh, Senior Advocate *, i/b Sangram Chinnappa, for the Petitioners in WP/3608/2021 & WP/2564/2021.* Mr Mihir Desai, Senior Advocate *, i/b Kartikeya Bahadur, for the* Petitioner in WP/2946/2021. Page 2 of 5 12th April 2022 Mr AM Kulkarni, 'A' Panel *, with KS Thorat, AGP, for Respondent-State.* Mr Chirag S Dave *, i/b Legasis Partners, for Respondent No. 4, in WP/ 2564/2022.* Ms Jaya Bagwe *, i/b Sharmila Deshmukh, for Respondent No. 5- MCZMA.* Mr Prashant Pratap, Senior Advocate *, with Kumar Abhishek Singh, Shubham Agrahari, Nishaan Shetty & Nishant Bhatia, i/ b Anoma Law Group LLP, for Respondent No. 6.* CORAM G.S. Patel & Madhav J. Jamdar, JJ. DATED: 12th April 2022 PC:- 1. The Writ Petitioners, whom we shall now refere to as the Hatpatti Petitioners, have filed at least three Petitions, two in 2021 and one in 2022 all dealing with the same 11 km stretch of the Savitri river. There are different auctions for sand mining challenged in each. The principle is one: whether there should be an auction for mechanised dredging and sand mining along this or any other stretch of the Savitri river. We refuse to look at this mess of thoroughly disorganised filing. We decline to be asked to look at four-digit page numbers in one matter and then switch to three-digit page numbers in another. The Petitioners must prepare a common consolidated compilation of documents and pleadings (we will not fall into the trap of calling it a 'convenience' compilation, an expression that only does violence to the language) by the next date. A minimal courtesy is to keep papers organized. Page 3 of 5 12th April 2022 2. Interim Application No. 8144 of 2022 is by Aditya Enterprises. It seeks an extension of its license period for permission to continue work at Gat No. 54, Sub-Gat No. HH-2 for another period of 71 days from being given possession. There is an alternative prayer that Aditya Enterprises application or representation be considered by the State Government. 3. Aditya Enterprises' work order of 28th/21st August 2021 has in Clause 52 a condition that dredging will not be done below a depth of 3 mtrs. This has been reiterated in the so-called extension that was granted to Aditya Enterprises from 8th March 2022. 4. Mr Pratap would have it this restriction of 3 mtrs is "a typographical error" because the auction notice/tender mentioned a depth of 5 mtrs. That was the basis on which Aditya Enterprises put it its bid on 21st June 2021. In fact, he says the existing depth is 4.31 mtrs and therefore giving a license to excavate to 3 mtrs is utterly meaningless and even nonsensical. He says, therefore, that the 3 mtrs restrictions in the work order of 20th August 2021 and the extension of 8th March 2022 are clearly mistakes. 5. Mr Kulkarni for the State Government on instructions says that there is no mistake. The 3 mtr depth restriction is one that is mandated by the relevant guidelines and by orders of the Supreme Court. 6. At best, therefore, on Aditya Enterprises ' application we can permit Aditya Enterprises to make a representation to the Page 4 of 5 12th April 2022 Department of Revenue for an appropriate extension and clarification. Mr Kulkarni states that a hearing will be afforded to Aditya Enterprises as also to the legal representatives of the Petitioner before a final order is passed. Mr Pratap says that a representation will be made within one week from today. The officer delegated to decide this representation to do so within two weeks thereafter after giving notice to the Advocates for the Petitioner and affording them a hearing. We grant liberty to the parties to apply. 7. We make it clear that if Aditya Enterprises files any proceeding on an order made by the Revenue Department on Aditya Enterprises' representation, then Aditya Enterprises will join these Petitioners or their Association to that proceeding. 8. So far as the 2022 auction is concerned the stay previously granted will continue. (Madhav J. Jamdar, J) (G. S. Patel, J)
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Order - Status 29: jvs SALUNKE J V Digitally signed by SALUNKE J V Date: 2023.01.12 11:15:15 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2564 OF 2022 WITH INTERIM APPLICATION NO. 17629 OF 2022 Dilip Babaji Ulkirde } Petitioner Versus The State of Maharashtra & Ors. } Respondents With WRIT PETITION NO. 2946 of 2021 WITH INTERIM APPLICATION NO. 17631 OF 2022 Abdul Samad Alimiya Mandlekar } Petitioner Versus The State of Maharashtra & Ors. } Respondents WITH WRIT PETITION NO. 3608 OF 2021 WITH INTERIM APPLICATION NO. 17630 OF 2022 Shouakat A. Wahab Isane } and Ors. } Petitioners versus The State of Maharashtra & Ors. } Respondents Mr. Prathamesh D. Bhanushali for the petitioners. Mr. K. S. Thorat, AGP for State. Ms. Rahat Kalpatri i/b. Legasis Partners for respondent no. 4. Ms. Jaya Bagwe for respondent no. 5. Mr. Shubham Agrahari and Mr. Siddhant Marathe i/b. Andha Law Groups (LLP) for respondent no. 6. CORAM: S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J. DATE: JANUARY 11, 2023 1 P.C.: Writ Petition No. 2564 of 2022: 1. The learned advocate for the petitioner, on written instructions, seeks leave to withdraw the writ petition. 2. The writ petition is disposed of as withdrawn. No costs. Writ Petition Nos. 2946 of 2021 and 3608 of 2021: 1. These writ petitions are scheduled on 6th February 2023. The same be listed on the scheduled date. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
1) Document Filed: Report
Filed By : Shouakat A. Wahab Isane And Ors
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 1: 27/07/2021
2) Document Filed: Report
Filed By : Shouakat A. Wahab Isane And Ors
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 2: 04/08/2021
3) Document Filed: Vakalatnama
Filed By : M/S Aditya Enterprises
Advocate: Anoma Law Group Llp
Filed Document - Date of Receiving - 3: 06/08/2021
4) Document Filed: Affidavit
Filed By : Petitioner
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 4: 07/08/2021
5) Document Filed: Report
Filed By : M/S Aditya Enterprises
Advocate: Anoma Law Group Llp
Filed Document - Date of Receiving - 5: 09/08/2021
6) Document Filed: Report
Filed By : The Collector Raigad
Advocate: Government Pleader
Filed Document - Date of Receiving - 6: 12/08/2021
7) Document Filed: Report
Filed By : Shouakat A. Wahab Isane And Ors
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 7: 20/08/2021
8) Document Filed: Report
Filed By : Petitioner
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 8: 23/08/2021
9) Document Filed: Report
Filed By : M/S Aditya Enterprises
Advocate: Anoma Law Group Llp
Filed Document - Date of Receiving - 9: 13/10/2021
10) Document Filed: Report
Filed By : M/S Aditya Enterprises
Advocate: Anoma Law Group Llp
Filed Document - Date of Receiving - 10: 13/10/2021
11) Document Filed: Report
Filed By : Shouakat A. Wahab Isane And Ors
Advocate: Sangram Chinnappa
Filed Document - Date of Receiving - 11: 13/10/2021
12) Document Filed: Vakalatnama
Filed By : The State Of Maharashtra Thr. Principal Secretary Dept. Of Revenue And Forest And Ors
Advocate: Government Pleader A.S. Writ Cell
Filed Document - Date of Receiving - 12: 31/05/2022
13) Document Filed: Vakalatnama
Filed By : Maharashtra Coastal Zone Management Authority
Advocate: Sharmila Deshmukh
Filed Document - Date of Receiving - 13: 08/07/2022
Respondent-1: The State Of Maharashtra Thr. Principal Secretary Dept. Of Revenue
Respondent-2: Forest
Respondent-3: Ors
Petitioner-1: Shouakat A. Wahab Isane
Petitioner-2: Ors
Order - Status 4: TAUSEEF LAIQUEE FAROOQUI Digitally signed by TAUSEEF LAIQUEE FAROOQUI Date: 2023.02.06 17:26:15 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4959 OF 2022 Sagar Suhar Kulkarni …Petitioner V/s. Gauri Sagar Kukarni And Ors …Respondents Mr. Siddharth R. Karpe a/w Mr. Dipak Y. Jadhav for Petitioner. Mr. S. R. Agarkar, APP for Respondent No.3 (State). CORAM : AMIT BORKAR, J. DATED : FEBRUARY 03, 2023 P.C.: The petitioner challenges order of grant of maintenance under Section 125 of the Code of Civil Procedure, 1908. According to the petitioner as of today, arrears of Rs.10,00,000/- are due. He states that the petitioner is ready to deposit amount of Rs.5,00,000/- before the learned Magistrate within one (1) week from today and remaining amount of Rs.5,00,000/- within two (2) weeks thereafter. The statement on behalf of the petitioner is accepted as undertaking. In view of the said statement, the arrest warrant issued against the petitioner shall not be executed. It is made clear that in case of failure of petitioner to deposit Rs.5,00,000/- before the learned Magistrate within one (1) week from today or remaining Rs.5,00,000/- within two (2) weeks thereafter, ad-interim relief granted earlier shall stand vacated without further reference to the court. Stand over to 24th February 2023. (AMIT BORKAR, J.)
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4959 OF 2022 Sagar Suhar Kulkarni …Petitioner V/s. Gauri Sagar Kulkarni And Ors …Respondents Mr. Siddharth R. Karpe a/w Mr. Dipak Y. Jadhav for Petitioner. Mr. S. R. Agarkar, APP for Respondent No.3 (State). CORAM : AMIT BORKAR, J. DATED : FEBRUARY 03, 2023 P.C.: The petitioner challenges order of grant of maintenance under Section 125 of the Code of Criminal Procedure, 1973. According to the petitioner as of today, arrears of Rs.10,00,000/- are due. He states that the petitioner is ready to deposit amount of Rs.5,00,000/- before learned Family Court at Bandra, Mumbai within one (1) week from today and remaining amount of Rs.5,00,000/- within two (2) weeks thereafter. The statement on behalf of the petitioner is accepted as undertaking. In view of the said statement, the arrest warrant issued against the petitioner shall not be executed. It is made clear that in case of failure of petitioner to deposit Rs.5,00,000/- before the learned Family Court at Bandra, Mumbai within one (1) week from today or remaining Rs.5,00,000/- within two (2) weeks thereafter, ad-interim relief granted earlier shall stand vacated without further reference to the court. Stand over to 24 th February 2023. (AMIT BORKAR, J.) (The order is modified as per order dated 7th January, 2023. The corrections in the paragraph 1 and 3 are inserted and corrected which shows in italicize)
Order - Status 6: Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4959 OF 2022 Sagar Suhar Kulkarni … Petitioner V/s. Gauri Sagar Kulkarni And Ors … Respondents Mr. Siddharth Karpe for the petitioner. CORAM : AMIT BORKAR, J. DATED : FEBRUARY 7, 2023 P.C.: Not on board. Taken on board for speaking to the minutes. In the cause title the instead of word "Kukarni" be substituted by "Kulkarni". In paragraph 1 instead of words "Section 125 Code of Civil Procedure, 1908" be substituted by "Section 125 of Code of Criminal Procedure, 1973". In paragraph 1 and 3 instead of words "before the learned Magistrate" be substituted by "learned Family Court at Bandra, Mumbai". Order be corrected and uploaded as order no.2 in this matter. (AMIT BORKAR, J.)
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 4959 OF 2022 Sagar Suhar Kulkarni ....PETITIONER V/S Gauri Sagar Kukarni And Ors ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 24th February, 2023 P.C. : Due to paucity of time, stand over to 31/03/2023. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 4959 OF 2022 Sagar Suhar Kulkarni ....PETITIONER V/S Gauri Sagar Kukarni And Ors ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE PRITHVIRAJ K. CHAVAN J DATE : 31st March, 2023 P.C. : Due to paucity of time, stand over to 06/06/2023. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 12: Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4959 OF 2022 ….. …. Sagar Suhar Kulkarni ] Petitioner Vs. Gauri Sagar Kulkarni and others ] Respondents. Mr. Siddharth Karpe, for Petitioner. Mr. N.B. Patil, A.P.P, for Respondent No.3-State. CORAM : PRITHVIRAJ K. CHAVAN, J. DATE : 6th JUNE, 2023. P.C. The petitioner has complied with the directions issued by this Court vide an order dated 3rd February, 2023 by depositing an amount of Rs.10,00,000/- in two installments i.e first installment on 10th February, 2023 and second installment on 23rd February, 2023 in the Family Court at Bandra. Since there is due compliance of the directions issued by this Court, there shall be no coercive action against the petitioner. Issue notice to the respondent returnable on 4th July, 2023. In addition to the Court's notice, the petitioner shall serve the respondents with private notice and file an affidavit of service. [PRITHVIRAJ K. CHAVAN, J.]
1) Document Filed: Affidavit
Filed By : Sagar Suhar Kulkarni
Advocate: Siddharth R Karpe
Filed Document - Date of Receiving - 1: 26/06/2023
Respondent-1: Gauri Sagar Kukarni
Respondent-2: Ors
Petitioner-1: Sagar Suhar Kulkarni
Respondent-1: The State Of Maharashtra
Respondent-2: Through Secretary
Respondent-3: Revenue
Respondent-4: Forest Dept
Respondent-5: Ors
Petitioner-1: Kishor Govind Pate (wani)
Petitioner-2: Anr
Order - Status 3: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3895 OF 2023 IN CROSS OBJECTION (ST) NO.4340 OF 2023 MRS. CHAYYA GANGADHAR BHOSALE & ORS. )...APPLICANTS V/s. RELIANCE GENERAL INSURANCE CO. LTD. )...RESPONDENT WITH INTERIM APPLICATION NO.4656 OF 2023 IN FIRST APPEAL NO.133 OF 2021 RELIANCE GENERAL INSURANCE CO. LTD. )...APPLICANT V/s. MRS. CHAYYA GANGADHAR BHOSALE & ORS. )...RESPONDENTS Mr. Yogesh Pande, Advocate for the Applicant in IA/3895/2023 and Respondents No.1 & 2 in FA/133/2021. Mr. Rajesh Kanojia with Ms. Nikita Singh i/b Res Juris, Advocate for the Applicant in IA/4656/2023/Appellant in FA/133/2021. CORAM : ABHAY AHUJA, J. DATE : 20th JUNE 2023. P.C. : INTERIM APPLICATION NO.4656 OF 2023 IN FIRST APPEAL NO.133 OF 2021 This is an application seeking restoration of the First Appeal that came to be dismissed for failure to file private paper book within the stipulated period. There is delay of 306 days in filing this application for restoration. Mr. Yogesh Pande, learned Counsel submits that he does not have copy of Interim Application and requests for some time. Let copy be supplied to him and reply be filed by the next date. List on 11th July, 2023. INTERIM APPLICATION NO.3895 OF 2023 IN CROSS OBJECTION (ST) NO.4340 OF 2023 This is an application seeking condonation of delay of 500 days in preferring the Cross Objection in the First Appeal No.133 of 2021 which has been dismissed for failure to file paper book in time. Mr. Rajesh Kanojia, learned Counsel for the applicant submits that if Mr. Yogesh Pande, learned Counsel consents to allow the condonation of delay for restoration of the First Appeal then he has instructions to consent for the condonation of delay in filing the Cross Objection so that both the First Appeal and the Cross Objection can be heard on the same date on merits. Mr. Yogesh Pande, learned Counsel states on instructions, that pursuant to the dismissal of the First Appeal the original claimant has already withdrawn the entire amount and would submit that in the Lower Court when the amount was allowed to be withdrawn, the Advocate or Representative of the Insurance Company did not object to the same. Mr. Yogesh Pande, learned Counsel seeks some time in IA No.4656/2023 to bring the above objections on record by way of affidavit. List on 11th July, 2023. (ABHAY AHUJA, J.)
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION INTERIM APPLICATION NO. 3895 OF 2023 In CROSS OBJECTION STAMP STAMP NO. 4340 OF 2023 Mrs. Chayya Gangadhar Bhosale And Ors. ....PETITIONER V/S Reliance General Insurance Co. Ltd. Through Its Manager Mr. Amit Ashwini Sharma ....RESPONDENT WITH INTERIM APPLICATION NO. 4656 OF 2023 In First Appeal 133 OF 2021 Reliance General Insurance Co. Ltd. Through Its Manager Mr. Amit Ashwini Sharma ....PETITIONER V/S Mrs. Chayya Gangadhar Bhosale And Ors. ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE ABHAY AHUJA J DATE : 18th July, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 17/08/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION INTERIM APPLICATION NO. 3895 OF 2023 In CROSS OBJECTION STAMP STAMP NO. 4340 OF 2023 Mrs. Chayya Gangadhar Bhosale And Ors. ....PETITIONER V/S Reliance General Insurance Co. Ltd. Through Its Manager Mr. Amit Ashwini Sharma ....RESPONDENT WITH INTERIM APPLICATION NO. 4656 OF 2023 In First Appeal 133 OF 2021 Reliance General Insurance Co. Ltd. Through Its Manager Mr. Amit Ashwini Sharma ....PETITIONER V/S Mrs. Chayya Gangadhar Bhosale And Ors. ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE ABHAY AHUJA J DATE : 17th August, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 15/09/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION INTERIM APPLICATION NO. 4656 OF 2023 In FIRST APPEAL 133 OF 2021 Reliance General Insurance Co. Ltd. Through Its Manager Mr. Amit Ashwini Sharma ....PETITIONER V/S Mrs. Chayya Gangadhar Bhosale And Ors. ....RESPONDENT WITH INTERIM APPLICATION NO. 3895 OF 2023 In Cross Objection Stamp STAMP NO. 4340 OF 2023 Mrs. Chayya Gangadhar Bhosale And Ors. ....PETITIONER V/S Reliance General Insurance Co. Ltd. Through Its Manager Mr. Amit Ashwini Sharma ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE RAJESH S. PATIL J DATE : 14th September, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 02/11/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4656 OF 2023 IN FIRST APPEAL NO.133 OF 2021 Reliance General Insurance Co. Ltd. and Anr. ...Applicants Versus Chayya Gangadhar Bhosale and Anr. ...Respondents …. Mr. Rajesh Kanojia i/b. M/s. Res Juris for the Applicants. Mr. Yogesh Pande for the Respondents. CORAM: SHIVKUMAR DIGE, J. DATE : 11th DECEMBER, 2023. P.C.:- Heard learned counsel for the respective parties. Considering the submissions of both the learned counsel and the reasons mentioned in the application, delay of 306 days in filing the appeal is condoned. The appeal be restored to file. The application is allowed and disposed of. (SHIVKUMAR DIGE, J.) Megha 1/1
1) Document Filed: Affidavit
Filed By : Mrs. Chayya Gangadhar Bhosale And Ors.
Advocate: Yogesh Pande
Filed Document - Date of Receiving - 1: 20/07/2023
Respondent-1: Mrs. Chayya Gangadhar Bhosale
Respondent-2: Ors.
Petitioner-1: Reliance General Insurance Co. Ltd. Through Its Manager Mr. Amit Ashwini Sharma
Order - Status 5: Rane 1/1 6.6.2019 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan …..Petitioner V/s. Pappu Babu Pinjari and Ors. ….Respondents **** Mr. Rajesh S. Datar, Advocate for the petitioner. CORAM : SANDEEP K. SHINDE, J. Thursday, 6th June, 2019. P.C. : Heard learned Counsel for the petitioner. Issue notice to the respondents returnable on 25th June, 2019. (SANDEEP K. SHINDE, J)
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....Petitioner V/S Pappu Babu Pinjari And Anr ....Respondent Adv. Rajesh Sudhakar Datar For Petitioner Adv. K. K. M. for Res No. 2 CORAM : SANDEEP KASHINATH SHINDE, J DATE : 10th July, 2019 P.C. : Not on board. Taken on board. Place the petition on 07/08/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: 2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6457 OF 2019 Irfan Sayeed Khan … Petitioner Vs Pappu Babu Pinjari and Ors. ... Respondents … Mr. Rajesh S. Datar for the Petitioner. Mr. Kishor K. Malpathak for the Respondent No.2. CORAM : SANDEEP K. SHINDE J. DATE : AUGUST 7, 2019 P.C. : Not on board. Taken on board. Liberty to move the Court as sought is granted. (SANDEEP K. SHINDE, J.)
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6457 OF 2019 Irfan Sayeed Khan .. Petitioner Versus Anil @ Bala Ghag & Anr. .. Respondents ................... Mr. Akshay J. Kondorkar i/by Mr. Rajesh S. Datar, Advocate for the Petitioner. Mr. Gautam J. Jain h/f Mr. Prathmesh Gokhale, Advocate for Respondent No.1. Mr. Kishor K. Malpathak, Advocate for the Respondent No.2. CORAM : MILIND N. JADHAV, J. DATE : MARCH 03 2021. ................... P.C.: At the joint request of learned counsel for the parties, place the matter on board on 17.03.2021. [ MILIND N. JADHAV, J. ] Ravindra M. Amberkar Digitally signed by Ravindra M. Amberkar Date: 2021.03.03 17:25:32 +0530
Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6457 OF 2019 Irfan Sayeed Khan ...Petitioner vs. Pappu Babu Pinjari and Anr. ...Respondents Mr. Rajesh S. Datar for Petitioner. Ms. Rajlaxmi Punjabi i/b Mr. Prathamesh Gokhale for Respondent No.1. Mr. K. K. Malpathak for Respondent No.2. CORAM : AMIT B. BORKAR, J. DATE : 26 NOVEMBER 2021 P.C. : Arguable questions are raised. Hence Rule. Petitioner, a decree-holder, has filed an application under Execution proceedings seeking various relief against the owner. However, the said application came to be rejected by the impugned order. Petitioner has therefore filed the present petition challenging the order of rejection of reliefs by the Executing Court. Considering the facts disclosed on record and after hearing learned counsel for the parties, it appears that respondent No.2, who is a developer has no regard for the orders passed by the Court. In Regular Civil Suit No.690/2010, the trial Court had passed a decree as under: Suit is decreed with costs as follows: a] It is hereby ordered and decreed that plaintiff is entitled to get flat admeasuring 450 sq. ft. on second floor of the building to be constructed over property Tika No.13 owned by defendant No.1 and on such construction, defendant to deliver the vacant possession thereof to the plaintiff. b] Decree be drawn up accordingly. Against the said decree, respondent No.2, a developer, filed a Civil Appeal on 116/2015. While granting a stay to the decree, the learned lower Appellate Court imposed the following condition on respondent No.2. "1) The judgment and decree passed in RCS No.690/2010 as well as execution proceeding bearing Special Darkhast No.31/2019 filed for executing said decree, both are stayed subject to following condition: a] Appellant/original defendant No.2 is directed to reserve a flat admeasuring 450 sq. ft on the 2nd floor of the building being constructed over the suit property by obtaining necessary permission thereof from Planning Authority and submit the written undertaking to that effect on or before 20/6/2019." Inspite aforesaid order, during the pendency of the present petition, Respondent No.2 filed an affidavit dated 5/8/2019 stating that respondent No.2 agreed to earmark flat ad-measuring 450 sq. ft. carpet area on the 3rd floor of the property. During arguments, Mr. Malpathak appearing for respondent No.2, submitted that respondent No.2 has alienated flats on the 2nd floor of the building after filing the aforesaid affidavit. 3/4 The Supreme Court in Prestige Lights Ltd. v. State Bank of India 1 , has observed as follows: "An order passed by a competent Court - interim or final - has to be obeyed without any reservation. If such order is disobeyed or not complied with, the Court may refuse the party violating such order to hear him on merits. We are not unmindful of the situation that refusal to hear a party to the proceeding on merits is a 'drastic step' and such a serious penalty should not be imposed on him except in grave and extraordinary situations, but some time such an action is needed in the larger interest of justice when a party obtaining interim relief intentionally and deliberately flouts such order by not abiding the terms and conditions on which a relief is granted by the Court in his favour." The Supreme Court has succinctly held that a drastic measure to show the doors to the litigant can very well be resorted to in grave and extraordinary circumstances. A party who disobeys the orders of the Court cannot take advantage of its disobedience. The facts stated above prima facie show contemptuous conduct of the respondent No.2 developer of having no regard to the order of the lower appellate Court referred in para 3 of this order. In such a situation, to maintain the majesty of justice, the following interim order shall meet the ends of justice: ORDER 1(2007) 8 SCC 449 i) Respondent Nos. 2 is directed to deliver possession of flat admeasuring 450 sq. ft. on the 2nd floor of the building constructed over property Tika No.13 within one month from today. It is made clear that if respondent No.2 fails to comply with the interim order, the petitioner decree-holder will be at liberty to adopt appropriate proceedings, including filing a petition under the Contempt of Court Act. At this stage, learned counsel seeks to stay to this order. However, considering the respondent's conduct having willfully breached the order of the lower Appellate Court, the request for a stay of this order is rejected. (AMIT B. BORKAR, J)
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE SARANG VIJAYKUMAR KOTWAL J DATE : 17th March, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 12/06/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 17: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 6457 of 2019 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sham Singh is present for the petitioner. CORAM : H. M. BHOSALE REGISTRAR (JUDL-I) Date : 28/04/2023 Mr. Rajesh S. Datar, Advocate for the petitioner has filed a preacipe dated 03/04/2023 seeking discharge from the present petition as an advocate for the petitioner. He has further stated that he has already returned all the papers to the petitioner and acknowledgment thereof is placed on record. Today, learned advocate Mr. Sham sing is present on behalf of the petitioner. He submits that he has filed vakalatnama on behalf of the petitioner. In the circumstances, Mr. Rajesh S. Datar, advocate for the petitioner is discharged from the present petition. Office to take necessary entry regarding change of Advocate for the petitioner in CIS system. Sd/- Registrar (Judicial-I)
Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 12592 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT Mr. Shyam Singh for Petitioner Mr. Girish Godbole, Sr. Adv. a/w Mr. Sandeep Mishra i/by Mr. Ganesh Jha for R. no. 1 Mr. P. G. Sawant, AGP for Respondent - State Mr. P. S. Gautam for Intervenor CORAM : HON'BLE SHRI JUSTICE N. R. BORKAR J DATE : 8th June, 2023 P.C. : S. O. to 23/06/2023 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 12592 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT Mr. Shyam K. Singh for Petitioner CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 30th August, 2023 P.C. : S. O. to 13/09/2023 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 12592 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 13th September, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 31/10/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 24: VRJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.453 OF 2022 Irfan Sayeed Khan … Petitioner V/s. Anil Alias Bala Ghag & Anr. … Respondents WITH INTERIM APPLICATION (ST.) NO.12592 OF 2023 IN CONTEMPT PETITION NO.453 OF 2022 Mansoor Papamiya Pinjari (Through Legal Heir of Deceased Papamiya Bapu Pinjari) … Intervener In the matter between Irfan Sayeed Khan ... Petitioner V/s. Anil Alias Bala Ghag … Respondent WITH WRIT PETITION NO.6457 OF 2019 Irfan Sayeed Khan … Petitioner V/s. Pappu Babu Pinjari & Anr. … Respondents Mr. Shyam K. Singh for the petitioner in WP and CP. Mr. Gautam Pyarelal for the Intervener. Mr. G. S. Godbole, Sr. Advocate with Mr. Sandeep Mishra i/by Mr. Ganesh Jha for respondent No.1. CORAM : AMIT BORKAR, J. DATED : OCTOBER 30, 2023 P.C.: Learned advocate for the contemnor seeks time to file reply. To enable him to file reply, stand over to 6 th November 2023, under the caption "for circulation". (AMIT BORKAR, J.)
Order - Status 27: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION NO. 17067 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT Mr. Shyam K. Singh for Petitioner in CP/453/2022. Mr. P.S. Gautam for Intervenor in IA/17067/2013 Mr. Girish S. Godbole, Sr. Adv. i/b Mr. Gangesh Jha for Respondent CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 6th November, 2023 P.C. : S. O. to 28/11/2023 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 29: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION NO. 17067 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari PETITIONER V/S Airfan Sayeed Khan RESPONDENT Mr. Shyam K. Singh for Petitioner. CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 28th November, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 05/12/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 31: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION NO. 17067 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 5th December, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 13/12/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 32: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION NO. 17067 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 13th December, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 05/03/2024 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 33: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION NO. 17067 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT Mr. Shyam K. Singh for Petitioner. Mr. Gangesh Jha for Respondent No. 1 n CP/453/22. CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 10th January, 2024 P.C. : At the request of learned counsel for the Respondent , stand over to 29/01/2024 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 35: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION NO. 17067 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT Shyam K Singh for petitioner CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 29th January, 2024 P.C. : S. O. to 26/02/2024 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 38: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION NO. 17067 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT Mr. Shyam K. Singh for Petitioner CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 26th February, 2024 P.C. : S. O. to 15/04/2024 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 41: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION NO. 17067 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 15th April, 2024 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 19/08/2024 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 43: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONT. PETITION NO. 453 OF 2022 Irfan Sayeed Khan ....PETITIONER V/S Anil @ Bala Ghag ....RESPONDENT WITH WRIT PETITION NO. 6457 OF 2019 Irfan Sayeed Khan ....PETITIONER V/S Pappu Babu Pinjari And Anr ....RESPONDENT WITH INTERIM APPLICATION NO. 17067 OF 2023 In Cont. Petition 453 OF 2022 Mansoor Papamiya Pinjari ....PETITIONER V/S Airfan Sayeed Khan ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 19th August, 2024 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 29/11/2024 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
1) Document Filed: Report
Advocate: Kishor K Malpathak
Filed Document - Date of Receiving - 1: 06/08/2019
2) Document Filed: Vakalatnama
Advocate: Kishor K Malpathak
Filed Document - Date of Receiving - 2: 06/08/2019
3) Document Filed: Vakalatnama
Filed By : Irfan Sayeed Khan
Advocate: Shyam K Singh
Filed Document - Date of Receiving - 3: 01/11/2023
Respondent-1: Pappu Babu Pinjari
Respondent-2: Anr
Petitioner-1: Irfan Sayeed Khan
Order - Status 2: Order Text Request Text Click the button above to request the full text of this order.
Order - Status 3: Order Text Request Text Click the button above to request the full text of this order.
1) Document Filed: Memo Of Appearance
Filed By : The State Of Maharashtra Through The Secretary, School Edu. Dept. And Ors
Advocate: Gp Writ Cell
Filed Document - Date of Receiving - 1: 27/10/2023
Respondent-1: The State Of Maharashtra Through The Secretary
Respondent-2: School Edu. Dept.
Respondent-3: Ors
Petitioner-1: Mrs. Swati Amrutrao Desai
Respondent-1: 1.m/s. Neelima Mohan Parab
Respondent-2: Anr
Petitioner-1: Subhash Krishnaji More
Petitioner-2: Ors