All Writ Petition (Civil)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6025 OF 2007 ------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Order or Directions and Registrar's Orders ------------------------------------------------------------------- ¦ Court's or Judge's ¦ Orders ¦ ¦ Mr.Arshad Shaikh with Mr.R.M.Pethe for the petitioner. Mr.N.M. Ganaji for Respondent No.2. Mr.Farhan Dubash i/by Naik Naik Iyer & Co. for Respondent No.3. Mr.Vishal Kanade i/by M/s. V. Deshpande for Resp.No.4. CORAM: SMT. NISHITA MHATRE, J. DATED: 21ST SEPT., 2007. P.C.: 1. Respondent Nos. 2, 3 and 4 are represented by their respective advocates. 2. The advocate for the petitioner to take steps to serve respondent No.1 within four weeks from today. 3. S.O. for four weeks. $ldots ldots$

Order - Status 8: vss : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6025 OF 2007 ------------------------------------------------------------------- Office Notes, Office Memoranda¦ Court's or Judge's of Coram, appearances, Court's¦ Orders Order or Directions and ¦ Registrar's Orders ¦ ------------------------------------------------------------------- Mr.Arshad Shaikh with R.M. Pethe for the Petitioner Mr.Vishal Kanade for Respondent No.4 CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 19, 2007 P.C.: . Mr.Pethe for the petitioner seeks leave to amend the cause title by substituting the address of Respondent No.1. Leave granted. Amendments to be carried out within a week from today. Issue fresh notice to Respondent NO.1 on the amended address returnable in four weeks.

Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6025 OF 2007 WITH CIVIL APPLICATION NO. 3063 OF 2007 ------------------------------------------------------ Office Notes, Office Court's or Judge's Memoranda of Coram, orders appearance, Court's orders or directions and Registrar's orders ------------------------------------------------------ Mr. R.M. Pethe for petitioner. Mr.N.M. Ganaji for respondent no.2. Mr. Farhan Dubash i/by Naik Naik Iyer and co. for respondent no.3. Mr. Vishal Kanade i/by M/s.V. Deshpande for respondent no.4. CORAM: B.H. MARLAPALLE,J. 10/12/2007. P.C.: . Rule. . Respondent nos.2 to 4 waive service. . The learned Advocate for the petitioner is at liberty to serve the respondent no.1 by publishing a notice in an English daily published from Calcutta. The proof of such court within eight weeks. publication shall be placed before this . Rule be made returnable in the week commencing from 3rd March, 2008. . Civil Application No. 3063 of 2007 is disposed off accordingly. (B.H. Marlapalle,J.)

Order - Status 14: ISM 1.wp.6025.07.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.6025 OF 2007 Saifuddin Karachiwala ….PETITIONER V/s. The Indian Standard Metal Company Limited, & others …..RESPONDENTS Mr. R.M. Pethe, Advocate for the Petitioner. None for Respondent. CORAM : NITIN W. SAMBRE, J. DATE: JUNE 17, 2022. P.C.: On instructions, a motion is made by the Counsel for the petitioner for withdrawal of the Petition. Petition stands dismissed as withdrawn. If the prayer for withdrawal of the amount is made, same be considered in accordance with law. [NITIN W. SAMBRE, J.]

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.754 OF 2010 Madhukar Narayan Sali .. Petitioner versus Arjundas Sattaramdas Banga & Ors. .. Respondents Mr.Pankaj J. Das for the petitioner. CORAM : A.S.OKA, J. DATE : 4th February 2010. P.C: . Heard learned counsel appearing for the petitioner. The learned counsel is not disputing that the clause (h-a) of clause (iv) of section 6 of the Bombay Court Fees Act, 1959 is applicable. He, however, pointed out that the two sale deeds which are under challenge relate to the same suit property. He submitted that assuming that market value of the suit property is Rs. 11,00,000/-, the petitioner is ready and willing to pay Court fees on the said amount. His submission is that under clause (h-a) Court fee is leviable on the value of the property and therefore, merely because there is a challenge to the two sale deeds, the petitioner is not liable to pay Court fees on the market value mentioned in both the sale deeds in respect of the same property. He invited my attention to paragraph 3 of the impugned order which requires the petitioner to pay Court fees on a sum of Rs.21,00,000/- which according to the petitioner is much more than the value of the property contemplated by clause (h-a). Issue notice to the respondents for final disposal at admission stage returnable on 5th March 2010. Hamdast allowed. Till the next date, the plaint shall not be rejected on the ground of non-compliance with the impugned order. Private service is also permitted. (A.S.OKA,J)

Order - Status 7: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.754 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Pankaj J. Das for petitioner. CORAM : A.S.OKA, J. DATE : 5th March 2010 PC :- 1. Await service till 12th April 2010. If affidavit of service of private notice is not filed on or before 8th April 2010, the petition will stand dismissed for non prosecution without further reference to the Court. Ad-interim relief granted earlier is extended till next date. (A.S.OKA, J.) mst

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET WRIT PETITION NO.754 OF 2010 1 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.Pankaj Das for the petitioner None for the respondents CORAM: A.S.OKA,J. DATE : APRIL 8,2010 P.C.: . Not on board. Taken on board. 1 Petition to come up on board on 12th April 2010 which is the scheduled date. 2 Till next date, the conditional order will not operate. JUDGE ssp

Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 754 of 2010 Madhukar Narayan Sali ...Petitioner v/s. Arjundas Sattaramdas Banga & ors. ..Respondents Mr. Pankaj J. Das for the petitioner. Mr. J.S. Chandnani for respondents 5-8. CORAM:- B.R. GAVAI, J DATED :- FEBRUARY 25, 2011. P.C. The Petitioner to take steps to serve the unserved Respondents 2 and 3 within a period of four weeks from today, failing which petition to stand dismissed for non-prosecution, without further reference to the Court. If steps are taken in time, place the matter on 25th March, 2011. (B.R. GAVAI, J)

Order - Status 5: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO. 161 OF 2007 Office notes, office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders. --------------------------------------------------------- : : : Court's or Judge's Orders : : Mr. N.N. Gavankar with Arfan Sait for petitioner Mr. D. S. Mhaispurkar, APP CORAM: SMT. RANJANA DESAI & ANOOP V. MOHTA, JJ. DATED:-8/3/2007 P.C.:- Despite courts direction the State has not filed affidavit. Mr. Mhaispurkar, learned APP seeks time. We direct the State to file affidavit-in-reply. The State should particularly explain as to under what circumstances order dated 23/2/05 was cancelled. Adjourned to 15/3/07. JUDGE. JUDGE.

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 5760 OF 2021 Amrut Abhiman Nikam And Anr PETITIONER V/S The State Of Maharashtra And Anr RESPONDENT Mr. Bharat Gadhavi i/b Tejas Dande for Petitioner Mr. Vishal Navale for Respondent No. 2 Mr. J. P. Yagnik, APP for State/Respondent CORAM : HON'BLE SHRI JUSTICE NITIN JAMDAR & HON'BLE SHRI JUSTICE N. R. BORKAR, JJ DATE : 13th July, 2022 P.C. : By consent S. O. to 17/08/2022 ( FOR REGISTRAR JUDICIAL - I )

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5760 OF 2021 Amrut Abhiman Nikam and another … Petitioners Versus The State of Maharashtra and another … Respondents …...... Mr. Bharat Gadhavi instructed by Mr. Tejesh Dande for the Petitioners. …...... Mr. J.P. Yagnik, APP for the State. Mr. Vishal Navale for Respondent No.2. CORAM : NITIN JAMDAR AND N.R. BORKAR, JJ. DATED : 17 AUGUST 2022 P.C. :- At the request of the learned Counsel for the Petitioners, stand over to 26 September 2022. ( N.R. BORKAR, J. ) ( NITIN JAMDAR, J. )

Order - Status 8: common order-paucity-26.9.2022.doc NISHA Digitally signed by NISHA SANDEEP HITTNIS CHITNIS 13:59:48 + 0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION MATTERS NOTIFIED AT SERIAL NOS. 71 to 78, 79 to 84, 86 to 89, 90, 92, 93, 95 to 108, 109, 110 & 112 to 115, 117 to 128, 130 to 136 and 138 to 141 ON THE BOARD DATED 26 th SEPTEMBER 2022 CAUSE TITLES AND APPEARANCES AS NOTIFIED ON THE BOARD DATED 26 th SEPTEMBER 2022 CORAM : REVATI MOHITE DERE & S. M. MODAK, JJ. DATE : 26 th SEPTEMBER 2022 P.C. : Due to paucity of time, it is not possible to proceed with the hearing of these matters today. All these matters are adjourned and will be listed on the Board on the respective assigned dates as mentioned below:- Serial Nos. Assigned Date 71 to 78 10/11/2022 79 to 84 11/11/2022 86 to 89 11/11/2022 90, 92, 93 14/11/2022 95 to 108 17/11/2022 common order-paucity-26.9.2022.doc 109, 110 & 112 to 115 23/11/2022 117 to 128 23/11/2022 130 to 136 24/11/2022 138 to 141 24/11/2022 Ad-interim order granted in any of the above said matters, if any, to continue till the respective assigned date. Order accordingly. S. M. MODAK, J. REVATI MOHITE DERE, J.

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. WRIT PETITION NO. 5760 OF 2021 Amrut Abhiman Nikam And Anr PETITIONER V/S The State Of Maharashtra And Anr RESPONDENT CORAM : HON'BLE JUSTICE REVATI MOHITE DERE & HON'BLE SHRI JUSTICE R. N. LADDHA, JJ DATE : 11th November, 2022 P.C. : Due to paucity of time, stand over to 13/12/2022. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 13: 79-WP-5760-2021.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5760 OF 2021 Amrut Abhiman Nikam and Ors. … Petitioners Versus The State of Maharashtra and Anr. … Respondents Mr. Pratik Sabrad i/b Tejesh Dande and Assoc., for the Petitioners. Mr. J. P. Yagnik, APP for the Respondent No.1 – State. CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ. DATE : 13th DECEMBER, 2022. P. C. : On today's board at Sr. No. 79. Mentioned out of turn. 2 Learned Counsel for the petitioners states that during the pendency of the aforesaid petition, the matter was compounded before the learned Additional C.J. M., Malegaon (Nashik). Learned Counsel has tendered a photo copy of the said order dated 12.11.2022. The same is taken on record. The said order shows that in view of the compounding, the petitioners have been acquitted of the offence under Section 320 of the Code of Criminal Procedure. 16:24:20 +0530 Digitally signed by REKHA PRAKASH PATIL Date: 2022.12.14 Rekha Patil 1/2 3 In view of the aforesaid, nothing survives in the aforesaid Petition. 4 Petition stands disposed of accordingly. PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1771 OF 2010 Amit Anant Thite and Ors. ...Petitioners Vs. State of Maharashtra & Anr. ...Respondents Mr.Venkatesh A.Shastry for Petitioners Mrs. M.R. Tidake -APP for State. Mr.U.P. Warunjikar for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 18TH AUGUST, 2010 P.C. The learned Counsel for the Petitioners seeks leave to withdraw this writ petition. Writ petition is allowed to be withdrawn. If an application for exemption is filed by the petitioners in the Trial Court, the same may be considered favourably and the presence may not be insisted unless it is absolutely necessary. petition is disposed of. (V.M. KANADE J.)

Order - Status 4: Vishwanath S. Sherla Digitally signed by Vishwanath S. Sherla Date: 2021.01.25 17:06:01 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.194 OF 2021 Raju Paulas Pakhare … Petitioner Vs The State of Maharashtra & another … Respondents Mr.Aniket Vagal for the Petitioner Ms.A.S. Pai, Mr.J.P. Yagnik, Ms.S.D. Shinde, Mr.K.V. Saste, Additional Public Prosecutors for Respondent – State CORAM: S.S. SHINDE & MANISH PITALE, JJ. DATED: JANUARY 25, 2021 P.C.: 1. Heard learned counsel appearing for the Petitioner. 2. Issue notice to the Respondents, returnable on 4 th February, 2021. 3. In addition to service of notice through Court, the Petitioner shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery or by e-mail/fax on the Respondents and shall file affidavit of service with tangible proof before the returnable date**.** 4. The learned APP waives service of notice on behalf of Respondent – State. (MANISH PITALE, J.) (S.S. SHINDE, J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Appearances of the Advocates as per Board dated 04/02/2021. … CORAM: S.S. SHINDE & MANISH PITALE, JJ. DATED : 04TH FEBRUARY, 2021. P.C:- Matters from Sr. Nos.68 to 135 of the Board stands discharged. Following dates are assigned to the said matters: Sr. Nos. Due Date 68 to 75 09-02-2021 76 to 78, 81 and 83 to 84 10-02-2021 85 to 99 and 115 11-02-2021 100 to 105 15-02-2021 107 to 114 16-02-2021 117 to 130 17-02-2021 131 to 133 and 135 18-02-2021 79 08/02/2021 Ad-interim interim reliefs, if any, to continue till then. (MANISH PITALE, J.) (S.S. SHINDE, J.)

Order - Status 9: Vishwanath S. Sherla Digitally signed by Vishwanath S. Sherla Date: 2021.02.16 19:51:33 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.194 OF 2021 Raju Paulas Pakhare … Petitioner Vs. State of Maharashtra & another … Respondents Mr.Aniket Vagal for the Petitioner Mr.Deepak Thakare, Public Prosecutor, for Respondent – State CORAM: S.S. SHINDE & MANISH PITALE, JJ. JUDGMENT RESERVED ON: FEBRUARY 11, 2021 JUDGMENT DELIVERED ON: FEBRUARY 16, 2021 JUDGMENT (PER S.S. SHINDE, J.): 1. Rule. Rule made returnable forthwith with the consent of the learned Counsel appearing for the parties and heard finally. 2. The Petitioner had applied for grant of emergency Covid-19 parole for 45 days in view of the Covid-19 pandemic and the amendment in the Prisons (Bombay Furlough and Parole) Rules, 1959. However, his application was rejected vide order dated 19th May, 2020 passed by Respondent No.2 – Superintendent of Jail, Yerwada Open District Prison, on the ground that the petitioner, in the past, during his stay in the jail, had availed of parole / fulough leave twice, however, reported to the prison late. The petitioner is a convict undergoing sentence of life imprisonment. The petitioner has been in jail since last 10 years. 3. Mr.Vagal, learned Counsel appearing for the petitioner, relied upon the judgments of this Court in Kalyan s/o. Bansidharrao Renge vs. The State of Maharashtra & another (Criminal Writ Petition No.ASDB-LDVC-265 of 2020) and Uzair @ Hujer s/o. Rafiq Shaikh vs. The State of Maharashtra & Others (Criminal Writ Petition No.2989 of 2020) to contend that the ground stated in the impugned order was wholly unsustainable. It was, therefore, submitted that the Writ Petition deserves to be allowed. 4. On the other hand, the learned Public Prosecutor appearing for the State, opposed the petition for grant of emergency Covid-19 parole. It was submitted that the petitioner had reported late on both the occasions when he was released on parole/furlough. Now the situation in the Yerwada Open District Prison, Pune, has changed substantially. It was submitted that the number of inmates in the said prison are less than the capacity. It was submitted that there is no crowd in the jail and that the authorities have sufficient infrastructure now to immediately take care of any inmate or staff, who may suffer from Covid-19 virus. 5. We have perused the record forwarded by the respondents to the office of the Public Prosecutor of this Court. The petitioner was released twice in the past on parole/furlough, however, he had reported to the prison late. The facts and figures stated therein indicate that in pursuance of release of number of inmates due to Covid-19 pandemic, now the situation in the Yerwada Open District Prison, Pune, has changed substantially. There can be no doubt about the fact that the petitioner is justified in relying upon the aforesaid judgments of this Court to claim that the reason assigned in the impugned order is unsustainable. 6. At the same time, the fact situation on ground as on today, cannot be ignored and, therefore, there is substance in the contention raised on behalf of the learned APP that the request of the petitioner for grant of emergency Covid-19 parole needs to be considered afresh. 7. In that view of the matter, the Writ Petition is partly allowed. The impugned order is quashed and set aside. The petitioner is granted liberty to apply afresh for grant of emergency Covid-19 parole within one week from today. Upon filing such an application, the respondent No.2 shall decide the same on its own merits, as expeditiously as possible, however, within two weeks from the date of such filing of the application in accordance with the Prisons (Bombay Furlough and Parole) Rules, 1959 and keeping in view the factors like the extent of spread of Covid-19 virus and conditions in jail. 8. Rule is partly made absolute to the above extent. The Writ Petition stands disposed of accordingly. (MANISH PITALE, J.) (S.S. SHINDE, J.)

Order - Status 7: FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.8907 OF 2007 : Office Notes, Office Memoranda of coram, appearances, Court's orders : or directions and Registrar's orders. : Court's or Judge's orders. : : : None for the petitioner. None for the respondent. CORAM: D.B.BHOSALE, J. DATED: 6TH FEBRUARY, 2008 P.C. : . Since morning this matter has been called out twice and on both occasions none appears for the petitioners. In the circumstances, I am constrained to dismiss this petition for non prosecution. Order accordingly. (D.B.BHOSALE, J.)

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