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Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.1652 OF 2009 Girish Vasant Kolhe .... Petitioner Vs. The State of Maharashtra .... Respondent Through Jail Shri A.S. Gadkari, APP, for the State. CORAM: BILAL NAZKI & A.R. JOSHI, JJ. DATED: SEPTEMBER 15, 2009 P.C: The petitioner is serving life imprisonment and has undergone more than five years of imprisonment. He applied for furlough leave. It appears that till date he has never been released on furlough. Furlough leave is to be granted as a matter of right. However, the State has power under Rule 4 of the relevant Rules to deny furlough to a convict on certain grounds. In the present case, furlough has been denied on the ground that the concerned police officer was of the view that if the petitioner is released, there would be danger to public peace. We have not found any material having been considered by the concerned police officer for coming to such a conclusion. It was merely an apprehension of the concerned police officer. For these reasons, we allow the petition; set aside the impugned order and direct the respondents to release the petitioner on furlough leave on usual terms and conditions. The petition accordingly stands disposed of. (BILAL NAZKI, J.) (A.R. JOSHI, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Girish Vasant Kolhe
Order - Status 8: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 309 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. Mr. J.G. Reddy, for applicant. Ms. S.S. Kaushik, APP for State. CORAM : A.S. GADKARI, J. DATE : 10th December 2015 P.C.: The learned Counsel for the applicant submits that the connected application bearing no.310 of 2015 is placed for hearing on 6th January 2016 and requests that the present application may also be tagged along with it. At his request, stand over to 6th January 2015. (A.S. GADKARI, J.)
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. APPLICATION NO. 310 OF 2015 Mohammed Ishtiaque Ebrahim Bagban ....Applicant V/S The State Of Maharashtra And Anr ....Respondent WITH CR. APPLICATION NO. 309 OF 2015 Mohammed Ishtiaque Ebrahim Bagban ....Applicant V/S The State Of Maharashtra And Anr ....Respondent Mr. Jagdish G. Reddy For Applicant Mrs. A.A. Takalkar,APP for state CORAM : A.S. GADKARI, J DATE : 18th January, 2018 P.C. : At the request of learned advocate for the applicant, Stand over to 25/01/2018. ( FOR REGISTRAR JUDICIAL - I )
Respondent-1: The State Of Maharashtra
Respondent-2: Anr
Petitioner-1: Mohammed Ishtiaque Ebrahim Bagban
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.254 OF 2015 IN FAMILY COURT APPEAL (ST) NO.14544 OF 2015 Sou. Neha Abhijit Mangudkar Applicant. V/s. Abhijit Bharat Mangudkar Respondent. Mr.S.S. Deshmukh for the applicant. None for the respondent. CORAM : CORAM : V.M.KANADE AND MRS.SWAPNA JOSHI, JJ. JJ. DATED : 24TH AUGUST, 2016 P.C. :- Issue notice to the respondent, returnable on 21st September, 2016. (MRS.SWAPNA JOSHI, J.) (V.M.KANADE, J.)
Order - Status 6: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.254 OF 2015 IN FAMILY COURT APPEAL ST. NO.14544 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 8th September, 2016 S.O. 1 week for supplying copy.  sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 08.09.16
Order - Status 7: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.254 OF 2015 IN FAMILY COURT APPEAL ST. NO.14544 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 29th September, 2016 Stand over 1 week for furnishing copies.  sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 29.09.16
Order - Status 9: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.254 OF 2015 IN FAMILY COURT APPEAL ST. NO.14544 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 26th October, 2016 Returnable date is extended by 8 weeks.  sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 26.10.16
Order - Status 10: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.M. NO.254 OF 2015 IN FIRST APPEAL ST. NO.14544 OF 2015 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders Court's or Judge's orders None Present. CORAM : AJIT N. MARE, REGISTRAR (JUDL – II) Date : 21st December, 2016 Await Service for 5 weeks. sd/ Registrar (Judl.ÂII) dsm – R(JÂII) – 21.12.16
Order - Status 14: (CAM 254 OF 2015) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 254 OF 2015 IN FAMILY COURT APPEAL (ST.) No. 14544 OF 2015 Sou. Neha Abhijit Mangudkar Applicant/Appellant Vs. Mr. Abhijit Bharat Mangudkar Respondent *********** Mr. Shrishailay S. Deshmukh for the Applicant/Appellant Mr. Dhananjay Patil for Respondent. *********** CORAM : V.M. KANADE & P.R. BORA, JJ DATE : FEBRUARY 06, 2017 P.C. : Heard the learned counsel appearing on behalf of the Applicant and the learned counsel for the Respondent. The application is filed for condonation of delay. There is a delay of 20 days in filing the Family Court Appeal, which is filed against the order passed by the Family Court. The Applicant has vat stated in her civil application that it took time for her to send the papers to her advocate and, therefore, the delay was caused in filing the FCA. On the other hand, a detailed affidavit in reply has been filed on behalf of the Respondent. Firstly, it is submitted that the valuable right has accrued in favour of the Respondent after the period of limitation is over. Secondly, it is submitted that there is an unexplained delay of 22 days and not 20 days. Thirdly, it is submitted that so far as the averment regarding the relatives of the Applicant were trying for amicable settlement of the present matrimonial matter is concerned, the said averment is false and no settlement talks have been taken place. Several other grounds have been taken in the reply. It is also pointed out that the Petitioner had remained absent on number of days before the Family Court and lastly, it is submitted that the Applicant is harassing the Respondent by filing civil applications and the petition for divorce filed by the Respondent before the Family Court is now at the last stage. It is submitted that on all these grounds, the civil application filed for condonation of delay may not be allowed. It is a settled position in law that if a plausible explanation is given by the Applicant, who is exercising his/her statutory right of appeal, then this Court shall exercise its discretionary power and condone the delay caused in filing the appeal. In the present case, there is a only delay of 20 days and the Applicant has a right to be heard on merits. Ultimately, while hearing the Applicant and the Respondent, this Court may consider the various submissions made by the learned counsel appearing on behalf of the Respondent. So far (CAM 254 OF 2015) as the delay is concerned, we are inclined to condone the delay of 20 days. Hence, civil application filed for condonation of delay is allowed and disposed of in terms of prayer clause (a). Place the Family Court Appeal on the admission board on 20.2.2017 [ P.R. BORA, J.] [ V.M. KANADE, J.] Vaishali Tikam
1) Document Filed: Report
Filed By : Abhijit Bharat Mangudkar
Advocate: Sabeena Mahadik
Filed Document - Date of Receiving - 1: 02/02/2017
Respondent-1: Abhijit Bharat Mangudkar
Petitioner-1: Sou. Neha Abhijit Mangudkar
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2660 OF 2009 IN FIRST APPEAL (ST.) NO.14873 OF 2009 Pratap Shivram Mandhare & Anr. ... Applicants V/s. Gulab Maruti Mandhare & Anr. ... Respondents Mr. Pramod J. Pawar for the Applicants. Mr. P.G. Karande for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 31 ST AUGUST, 2009. P.C.: This Civil Application has been filed for condoning the delay in filing the First Appeal. The delay of 18 days has occurred on account of the certified copy of the judgment and order being misplaced. Therefore, the applicants applied for a fresh copy of the certified copy of the judgment which they received on 22nd June, 2009. For the reasons stated in the Civil Application, it is allowed in terms of prayer clause (b). The First Appeal to be numbered and placed for admission on 16th September, 2009. The Civil Application is disposed of.
1) Document Filed: Vakalatnama
Advocate: Shri. Shankar P. Thorat For R 2
Filed Document - Date of Receiving - 1: 08/09/2009
Respondent-1: Gulab Maruti Mandhare
Respondent-2: Anr
Petitioner-1: Pratap Shivram Mandhare
Respondent-1: Shri Mahadeo Pimpalkar& Ors.
Petitioner-1: Juber @ Jibu Gulam Rasool Patel And Others.
Respondent-1: Prakash Bharamu Jakhmale
Petitioner-1: The State Of Maharashtra
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ....Petitioner V/S Umesh Chandra Tiwari And Ors. ....Respondent None For Petitioner CORAM : DAMA SESHADRI NAIDU, J DATE : 28th August, 2019 P.C. : Stand over to 11/09/2019 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena …Petitioner Versus Umesh Chandra Tiwari and ors. …Respondents ---------- None for the petitioner. Mr.Brijesh Shukla for the respondents. CORAM : DAMA SESHADRI NAIDU, J. DATE : 11th SEPTEMBER 2019. P.C. : The respondent's counsel informs the Court that the petitioner has filed this writ petition to avoid the execution proceedings, but has not been prosecuting it. According to him, on the last occasion, too, none represented the petitioner. The learned counsel has also submitted that the petitioner has, so far, not served the case papers on him. Post the matter on 20th September 2019 under the caption for "dismissal". [DAMA SESHADRI NAIDU, J.]
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. NO.14372 OF 2018 Gaurav Saxena vs. Petitioner. Ms. Manisha Prajapati for the petitioner. CORAM : DAMA SESHADRI NAIDU, J. DATE : 18th September, 2019 PC : Petitioner's counsel seeks time. Post the matter on 25.9.2019. ( DAMA SESHADRI NAIDU, J.)
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena …Petitioner Versus Umesh Chandra Tiwari and ors. …Respondents Ms.Manisha Prajapati for the petitioner. Mr.Brijesh Shukla for the respondents. CORAM : DAMA SESHADRI NAIDU, J. DATE : 25th SEPTEMBER 2019. P.C. : Shri Brijesh Shukla waives notice and informs the Court that he is appearing for the respondents. The petitioner's counsel assures the Court that she will serve the case papers on the respondents' counsel forthwith. Post the matter on 10th October 2019. [DAMA SESHADRI NAIDU, J.] Vina A. Khadpe Digitally signed by Vina A. Khadpe Date: 2019.09.26 17:15:04 +0530
Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gauraqv Saxena …Petitioner Versus Umesh Chandra Tiwari and ors. …Respondents ---------- Mr.Samji Joseph i/b. Ms.Manisha Prajapati for the petitioner. Mr.Brijesh Shukla a/w Ms.Devika Mehra for the respondents. CORAM : DAMA SESHADRI NAIDU, J. DATE : 10th OCTOBER 2019. P.C. : The petitioner's counsel fairly submits that there is a dispute about the quantum of damages/rent due from the petitioner to the respondents-landlord. He submits that the admitted amount comes to Rs.2,25,000/-. Status quo in relation to the recovery of rent/damages shall be maintained subject to the petitioner's depositing Rs.2,25,000/-, the admitted amount, with the Registry in 4 weeks. If petitioner fails to deposit the amount in 4 weeks, the stay stands vacated without further reference to this Court. Vina A. Khadpe Digitally signed by Vina A. Khadpe Date: 2019.10.11 21:04:14 +0530 [DAMA SESHADRI NAIDU, J.]
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena …..Petitioner. Vs. Umesh Chandra Tiwari & Ors. …..Respondents. Mr. Siraj Khan i/by M. B. Prajapati for the Petitioner. Mr. Brijesh Shukla a/w Devika Mehra for the Respondents. CORAM : A. S. GADKARI, J. DATE : 11th NOVEMBER, 2019. P.C.:- It is submitted that, the Advocate on record for the Petitioner is in personal difficulty and is unable to attend the Court today. 2 At his request of the learned counsel for the Petitioner, stand over to 20th December, 2019. (A.S. GADKARI, J.)
Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ....Petitioner V/S Umesh Chandra Tiwari And Ors. ....Respondent Adv. Ramji Kotali For Petitioner Adv.Brijesh Shukla Res 1 For Respondent CORAM : A.S. GADKARI, J DATE : 20th December, 2019 P.C. : Stand over to 07/02/2020 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 20: 54-wp-14372-2018.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ••• Petitioner V/s. Umesh Chandra Tiwari & Ors. ••• Respondents Mr.Sudhir V. Sadavarte i/b. Manisha Prajapati for Petitioner. Mr.Vaibhav R. Gargade for Respondent No.1. Ms.V.S. Nimbalkar, AGP for Respondent No.2. CORAM : A.S. GADKARI, J. DATE : 7 th February 2020. P.C. : 1] Learned counsel for the petitioner submitted that, in pursuance of Order dated 10 th October 2019, the petitioner has deposited the said amount of Rs.2,25,000/- in the Registry of this Court. 2] The issue involved in the present Petition is with respect to the quantum of compensation to be paid by the petitioner to the respondents-landlord pertaining to a period of 12 months as per Order dated 11 th April 2017. 3] In view thereof, Admit. 4] Ad-interim relief, granted by Order dated 10 th October 2019, is confirmed as interim relief. [A.S. GADKARI, J.]
Order - Status 21: TAUSEEF LAIQUEE FAROOQUI Digitally signed by TAUSEEF LAIQUEE FAROOQUI Date: 2023.03.13 11:02:46 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14372 OF 2018 Gaurav Saxena … Petitioner V/s. Umesh Chandra Tiwari & Ors. … Respondents ***** None for the Petitioner. Mr. Brijesh Shukla for Respondent No.1. Mrs. V. s. Nimbalkar, AGP for Respondent (State). ***** CORAM : S.G. DIGE, J. DATED : 8 MARCH, 2023 P.C.: None present for the Petitioner. Heard learned counsel for Respondent No.1, stand over to 12 April 2023. (S.G. DIGE, J.)
Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ....PETITIONER V/S Umesh Chandra Tiwari And Ors. ....RESPONDENT None for Petitioner Mr. S. V. Sadavarte i/by Brijesh Shukla for Respondent No. 1 CORAM : HON'BLE SHRI JUSTICE SHIVKUMAR DIGE J DATE : 12th April, 2023 P.C. : None present for the petitioner/s, stand over to 14/06/2023. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ...PETITIONER V/s. Umesh Chandra Tiwari and Ors ...RESPONDENTS Mr. Rushikesh Patil i/b Mr. S.V. Sadavarte, Advocate for the Petitioner. Mr. Brijesh Shukla, Advocate for the Respondent No.1. CORAM : ABHAY AHUJA, J. DATE : 14th JUNE, 2023 P.C. : Mr. Rushikesh Patil holding for Mr. S.V. Sadavarte, submits that Mr. Sadavarte will be filing Vakaltnama on behalf of the petitioner and some time may be granted. At his request, list on 28th June, 2023. In the meanwhile, let the Counsel for the petitioner take instructions on the payment plan for the outstanding payments to be made to the landlord. (ABHAY AHUJA, J.) KSG 1/1
Order - Status 28: WRIT PETITION NO.14372 OF 2018 Gaurav Saxena … Petitioner Vs. Umesh Chandra Tiwari and ors. … Respondents ------- Mr.Saurabh M. Railkar h/f Mr.S.V.Sadavarte i/by Ms.Manisha B. Prajapati, Advocates for the Petitioner. Mr.Brijesh Shukla, Advocate for the Respondent No.1. CORAM : ABHAY AHUJA, J. DATE : 28 JUNE, 2023. P.C. : On 14th June, 2023, the following order was passed:- "1. Mr. Rushikesh Patil holding for Mr. S.V. Sadavarte, submits that Mr. Sadavarte will be filing Vakaltnama on behalf of the petitioner and some time may be granted. At his request, list on 28th June, 2023. In the meanwhile, let the Counsel for the petitioner take instructions on the payment plan for the outstanding payments to be made to the landlord." Today this court is informed that Mr.Sadavarte has filed a leave note. On the last occasion, the learned counsel for the Petitioner was to take instructions on the payment plan for the outstanding payments to be made to the landlord. Let instructions with respect to the payment plan be taken by the next date. List on 19th July, 2023. It is made clear that if instructions are not obtained by the next date, this court will proceed to pass appropriate orders. (ABHAY AHUJA, J.)
Order - Status 30: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ....PETITIONER V/S Umesh Chandra Tiwari And Ors. ....RESPONDENT WITH INTERIM APPLICATION STAMP NO. 18038 OF 2023 In Writ Petition 14372 OF 2018 Umesh Chandra Tiwari ....PETITIONER V/S Gaurav Saxena ....RESPONDENT None for Petitioner Mr Brijesh Shukla Advocate for Respondent No. 1. [ MENTIONED AT 5.15 P.M. ] CORAM : HON'BLE SHRI JUSTICE ABHAY AHUJA J DATE : 19th July, 2023 P.C. : Mentioned out of turn. At the request of the learned Counsel for the Petitioner/Respondent, stand over to 21/08/2023. Ad-interim relief, if any, to continue till the next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 31: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL signed by VASANT ANANDRAO IDHOL Date: 2024.01.11 16:09:58 Digitally +0530 INTERIM APPLICATION NO.14387 OF 2023 IN WRIT PETITION NO.14372 OF 2018 Umesh C. Tiwari ...Applicant IN THE MATTER BETWEEN : Gaurav Saxena ...Petitioner V/s. Umesh C. Tiwari & Ors. ...Respondents Mr.Brijesh Shukla with Ms.Siddhi Mahambre and Mr.Harshil Gandhi for the Applicant. Mr.Sudhir Sadavarte for the Petitioner. Mr.P.P. Pujari, AGP for the State - Respondent. CORAM : RAJESH S. PATIL, J. DATE : 9 TH JANUARY , 2024. P.C. :- This Interim Application is filed by the Original lessor. This Interim Application seeks withdrawal of the amount of Rs.2,25,000/- deposited by the lessee (Petitioner) pursuant to vai the directions given by this Court on 10 October 2019. For ease of reference, the order dated 10 October 2019 is reproduced herein below :- "1. The petitioner's counsel fairly submits that there is a dispute about the quantum of damages/rent due from the petitioner to the respondents-landlord. He submits that the admitted amount comes to Rs.2,25,000/-. Status quo in relation to the recovery of rent/damages shall be maintained subject to the petitioner's depositing Rs.2,25,000/-, the admitted amount, with the Registry in 4 weeks. If petitioner fails to deposit the amount in 4 weeks, the stay stands vacated without further reference to this Court." According to the Respondent (lessor) as per the impugned order, the amount payable by the lessee till the date of handing over possession i.e. 25 May 2019, would be Rs.5,23,600/-. Mr.Shukla, advocate appearing for the Applicant (Umesh Chandra Tiwari) submits that however on 10 October 2019, as the sum of Rs.2,25,000/- was admitted by the Petitioner, the Writ Petition was admitted. Mr.Shukla further submits that in such a situation, if the amount less than 50% is deposited in this Court, the Respondent / lessor should be allowed to withdraw the said amount with accrued interest. After hearing both the sides, I am of the view that suffice will be the purpose if the Applicant (Umesh Chandra Tiwari) is allowed to withdraw the said sum of Rs.2,25,000/ deposited in this Court along with accrued interest thereon. Before withdrawal of the said amount, the Applicant (Umesh Chandra Tiwari) should file an undertaking before this Court within a period of one week from today that in case after hearing the Writ Petition, the Writ Petition is answered against the Applicant Umesh Chandra Tiwari), the Applicant will comply with the directions given by this Court. The Interim Application is accordingly disposed of. 7. All parties to act on the authenticated copy of this order. WITH WRIT PETITION NO.14372 OF 2018 Both the parties agree that the Writ Petition can be disposed of, since small issue is involved in this matter. 3/4 Place the Writ Petition on board for hearing and final disposal on 8 February 2024, at 2:30 p.m. The parties agree to file a compilation of documents, short synopsis along with their preposition of law and authorities relied upon by them before the next date of hearing. (RAJESH S. PATIL, J.)
Order - Status 33: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14372 OF 2018 ____________________________________ ____________________________________ Gaurav Saxena … Petitioner V/s. Umesh Chandra Tiwari And Ors … Respondents Mr. Saurabh R h/f Mr. Sudhir Sadavarte, Advocate for the Petitioner. Adv. Bijesh Shukla a/w Mr. Harshil Gandhi & Ms. Siddhi Mahambre, Advocate for Respondent No.1. Shri. P. P. Pujari – AGP for Respondent-State Nos. 2 & 3. CORAM : RAJESH S. PATIL, J . DATED : 8 FEBRUARY 2024 P.C.: This Writ Petition is filed by licensee challenging the impugned Judgment and Order dated 11 April 2017 and as confirmed by Judgment and Order dated 19 June 2018. Mr. Shukla appearing for the Respondent No.1 submits that the possession of the suit premises has been already received by them. He submits that the only dispute is now regarding the payment of compensation to be made by the petitioner. He further points out to Order dated 14 June 2023 passed by this Court. On 14 June, 2023 there was a request made by the advocate appearing for the Petitioner seeking time so that he will furnish a "Payment Plan" with regard to the outstanding payment to be made to Respondent / Landlord. Mr. Shukla submits that from 14 June 2023 till today, the said so called payment plan has not been furnished by the Petitioner. Mr. Saurabh appearing for the Petitioner seeks a short accommodation on the ground that the advocate appearing for the Petitioner due to personal reasons is not present in this Court. As a matter of last chance, stand over to 13 February 2024. To be listed "High On Board". (RAJESH S. PATIL, J.)
Order - Status 36: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL Digitally signed by VASANT ANANDRAO IDHOL Date: 2024.02.17 11:50:13 +0530 Writ Petition NO. 14372 OF 2018 Gaurav Saxena ..Petitioner Versus Umesh Chandra Tiwari & Ors. ..Respondents Mr.Sudhir Sadavarte for the Petitioner. Mr.Brijesh Shukla with Adv.Siddhi Mahambre for Respondent No.1. Ms.Kajle, AGP for the State - Respondent Nos.2 and 3. CORAM : RAJESH S. PATIL, J. DATE : 13 TH FEBRUARY , 2024. P.C. :- This Writ Petition is filed as regards quantum of damages payable by the Petitioner to the Respondents, since the possession of the suit premises has already been hand over. Mr.Shukla appearing for Respondent No.1 / Owner submits that as per his calculation the amount as of today payable would be Rs.2,98,600/-. vai Mr.Sadavarte appearing for the Petitioner disputes the said figure payable. Mr.Sadavarte submits that the total outstanding amount is Rs.4,86,000/-. However, a sum of Rs.2,25,000/- was deposited in this Court and by an order of this Court, Respondent No.1 has already withdrawn the said amount. Therefore, the amount now payable by the Petitioner to Respondent No.1 according to him would be Rs.2,61,200/-. Be that as it may, in the present Writ Petition on 10 October 2019 an order was passed. The said order dated 10 October 2019 reads as under :- "The petitioner's counsel fairly submits that there is a dispute about the quantum of damages/rent due from the petitioner to the respondents-landlord. He submits that the admitted amount comes to Rs.2,25,000/-. Status quo in relation to the recovery of rent/damages shall be maintained subject to the petitioner's depositing Rs.2,25,000/-, the admitted amount, with the Registry in 4 weeks. If petitioner fails to deposit the amount in 4 weeks, the stay stands vacated without further reference to this Court." Thereafter on 7 February 2020, this Court recorded that a sum of Rs.2,25,000/- had been deposited by the Petitioner with the Registrar of this Court. Therefore, the Writ Petition was "Admitted" and ad-interim relief granted on 10 October 2019 was confirmed. The said order dated 7 February 2020 reads as under :- "1] Learned counsel for the petitioner submitted that, in pursuance of Order dated 10th October 2019, the petitioner has deposited the said amount of Rs.2,25,000/- in the Registry of this Court. 2] The issue involved in the present Petition is with respect to the quantum of compensation to be paid by the petitioner to the respondents-landlord pertaining to a period of 12 months as per Order dated 11th April 2017. 3] In view thereof, Admit. 4] Ad-interim relief, granted by Order dated 10th October 2019, is confirmed as interim relief." Mr.Sadavarte submits that thereafter the matter came up before this Court on 14 June 2023 when the colleague of Mr.Sadavarte sought time to file Vakalatnama on behalf of the Petitioner. He submitted that on 14 June 2023, Vakalatnama to appear on behalf of the Petitioner was not there. Therefore, the said statement was made on behalf of the Petitioner. On 14 June 2023, this Court granted two weeks time to Mr.Sadavarte to file the Vakalatnama on behalf of the Petitioner. So also it was recorded that the advocate appearing for the Petitioner to take instructions about payment plan as regards outstanding payment to be made. The said order dated 14 June 2023 reads as under :- "1. Mr. Rushikesh Patil holding for Mr. S.V. Sadavarte, submits that Mr. Sadavarte will be filing Vakaltnama on behalf of the petitioner and some time may be granted. At his request, list on 28th June, 2023. In the meanwhile, let the Counsel for the petitioner take instructions on the payment plan for the outstanding payments to be made to the landlord." Mr.Sadavarte submits that the Petitioner had challenged the quantum of amount payable as the rent to Respondent No.1 / Landlord and whatsoever was admitted amount by the Petitioner was already deposited as per the directions of the Court on 10 October 2019, and the said amount has been withdrawn by Respondent No.1 pursuant to the order dated 9 January 2024 passed in Civil Writ Petition No.14387 of Mr.Sadavarte submits that since he could not appear on 14 June 2023, his colleague had appeared in the matter only for seeking two weeks time to file Vakalatnama on behalf of the Petitioner, no statement could be made as regards payment plan towards the outstanding amount, as according to him as of that date, there was no outstanding amount payable as a sum of Rs.2,25,000/- admitted by them was already deposited. Thereafter the matter appeared on 28 June 2023, although Mr.Sadavarte had personal difficulty and he had filed the leave note, therefore, his colleague Mr. Railkar appeared on his behalf and sought time. According to Mr.Sadavarte, again on the said date, it was recorded that the Petitioner would be filing payment plan towards the outstanding amount. This Writ Petition involves only the dispute as to the quantum payable by the Petitioner to Respondent No.1 / Landlord. The Petitioner had admitted that only a sum of Rs.2,25,000/- is payable by Respondent No.1, however, Respondent No.1 has disputed this figure. The Petitioner has already deposited the said amount of Rs.2,25,000/- in this 5/6 Court. The said amount has been withdrawn by Respondent No.1. The Petition is already admitted by an order of this Court on 7 February 2020. The Writ Petition to come up on board for hearing and final disposal as per its turn. (RAJESH S. PATIL, J.)
Order - Status 37: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ....PETITIONER V/S Umesh Chandra Tiwari And Ors. ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE SANDEEP V. MARNE J DATE : 30th August, 2024 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 04/10/2024 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 39: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ....PETITIONER V/S Umesh Chandra Tiwari And Ors. ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE SANDEEP V. MARNE J DATE : 4th October, 2024 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 13/12/2024 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 41: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ....PETITIONER V/S Umesh Chandra Tiwari And Ors. ....RESPONDENT Mr. Sudhir Sadavarte for Petitioner Smt. Madhubala Kajale 'B' Panel for Respondent-State CORAM : HON'BLE SHRI JUSTICE SANDEEP V. MARNE J DATE : 13th December, 2024 P.C. : Stand Over to 16/12/2024. List the matter under the caption of For Circulation. Interim relief,if any,to continue till the next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 44: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14372 OF 2018 Gaurav Saxena ….Petitioner : Versus : Umesh Chandra Tiwari & Ors. ….Respondents None for the Petitioner. Mr. Brijesh Shukla, for Respondent No.1. Mr. Hamid Mulla, AGP for Respondent Nos.2 and 3/State. CORAM : SANDEEP V. MARNE, J. Dated : 16 DECEMBER 2024. _____________ _____________ P.C. : None appears on behalf of the Petitioner. It appears that the Petitioner has lost interest in prosecuting the petition. The Writ Petition is dismissed for non-prosecution. Respondent No.1 would be at liberty to execute the order passed by the Competent Authority. [SANDEEP V. MARNE, J.] NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2024.12.17 08:54:47 +0530
1) Document Filed: Report
Filed By : Umesh C. Tiwari
Advocate: Brijesh Shukla
Filed Document - Date of Receiving - 1: 11/10/2019
2) Document Filed: Vakalatnama
Advocate: Brijesh Shukla
Filed Document - Date of Receiving - 2: 11/10/2019
3) Document Filed: Vakalatnama
Filed By : Gaurav Saxena
Advocate: Sudhir Sadavarte
Filed Document - Date of Receiving - 3: 28/06/2023
Respondent-1: Umesh Chandra Tiwari
Respondent-2: Ors.
Petitioner-1: Gaurav Saxena
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO. 1621 OF 2011 WITH CRIMINAL WRIT PETITION NO. 1622 OF 2011 WITH CRIMINAL WRIT PETITION NO. 1623 OF 2011 Global Trade Finance Limited ... Petitioner Versus State of Maharashtra and Anr. ... Respondents Mr. Yashpal Thakur i/by M/s. Paras Kuhad & Associates, Advocate for the petitioner. Mr. S.S. Pednekar, A.P.P. for State in Cri.W.P. No. 1621 of 2011. Mr. A.S. Shitole, A.P.P. for State in Cri.W.P. No. 1622 of 2011. Mr. S.A. Shaikh, A.P.P. for State in Cri.W.P. No. 1623 of 2011. CORAM : K.U. CHANDIWAL,J. DATED : SEPTEMBER 20, 2011 P.C. Heard. Issue notice to respondents returnable on 17.11.2011. The learned A.P.P. waives service on behalf of State. To be heard finally at admission stage along with W.P. No. 1620 of 2011. (K.U. CHANDIWAL,J.)
Order - Status 12: WP 1620-G OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1620 OF 2011. WITH CRIMINAL WRIT PETITION NO.1622 OF 2011. WITH CRIMINAL WRIT PETITION NO.1623 OF 2011. Global Trade Finance Limited .. Petitioner V/s. The State of Maharashtra and anr .. Respondents. Mr. Yashpal Thakur i/by M/s Paras Kuhad & Associates, for the petitioners in all the petitions. . Mrs. U. V. Kejariwal, APP for the Respondent – State Ms. K. R. Davierwala i/by M/s Mulla & Mulla C.B.C. for Respondent No.2. CORAM : R.C.CHAVAN, J. DATE : 22nd November, 2012 P.C. Learned counsel for the petitioner has instructions from his client to withdraw the petitions. Petitions are disposed of as withdrawn. (R.C.CHAVAN, J.)
1) Document Filed: Vakalatnama
Advocate: Mulla & Mulla & Craigie Blunt & Caroe (R. N. 2)
Filed Document - Date of Receiving - 1: 10/01/2012
Respondent-1: The State Of Maharashtra
Respondent-2: Anr
Petitioner-1: Global Trade Finance Limited
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION BEFORE THE NATIONAL LOK ADALAT WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur $V/s.$ The Deputy Collector & Ors. ...Petitioner ....Respondent Mr. Nitin Padmakar Deshpande – Adv. for the Petitioner. Mr. B. V. Samant, AGP for State. Uttam R. Patil – DRO Pune. CORAM : S. M. MODAK, J. D. S. DESHMUKH, REGISTRAR (JUDICIAL-II) V. A. SATHE, DY. REGISTRAR, OSD AT CPC DATE : $11^{text{th}}$ DECEMBER, 2021 $overline{P}C$ .: Remove from board. $1.$ Place the matter before Regular Court. $2.$ (V. A. SATHE) (D. S. DESHMUKH) (S. M. MODAK, J.) O.S.D. at CPC Registrar (Judl.-II) (Judge)
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur ...Petitioner V/s. The Deputy Collector Resettlement Pune District Pune and Ors. ...Respondents Mr. Nitin P. Deshpande, for the Petitioner. Mr. R. S. Pawar, A.G.P. for the Respondent / State. CORAM : PRASANNA B. VARALE AND SHRIKANT D. KULKARNI, JJ. DATE : 09 JUNE 2022 P.C. . Heard the learned counsel for the Petitioner. Issue notice to the Respondents returnable on 30 June 2022. Learned A.G.P. waives notice for all the Respondents. (SHRIKANT D. KULKARNI, J.) (PRASANNA B. VARALE, J.)
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur PETITIONER V/S The Deputy Collector And Ors RESPONDENT CORAM : HON'BLE SHRI JUSTICE R.D. DHANUKA & HON'BLE SHRI JUSTICE M. G. SEWLIKAR, JJ DATE : 30th June, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 12/08/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 11: UMESH SHRINIWAS MALANI Digitally signed by UMESH SHRINIWAS MALANI Date: 2022.08.20 13:31:24 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8623 OF 2021 *** *** Ankush Bapurao Thakur ...Petitioner Versus The Deputy Collector (Rehabilitation) Pune & Ors. ...Respondents None for the petitioner. CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ. DATE : AUGUST 12, 2022. P. C. : Matter is moved before this Court by way of a praceipe. In view of urgency, order is passed on praceipe itself. None for the petitioner. List the petition as per its own turn. (KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.)
Order - Status 12: SHRIKANT SHRINIVAS MALANI Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2022.08.26 16:53:33 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8623 OF 2021 Ankush Bapurao Thakur ...Petitioner Versus The Deputy Collector (Resettlement) Pune, & Ors. ...Respondents *** Ms. Rachana Harpale i/by Mr. Nitin P. Deshpande, Advocate for the Petitioner. Mr. V. S. Gokhale, B Panel Counsel (AGP), for the Respondent State. *** CORAM : PRASANNA B. VARALE & KISHORE C. SANT, JJ. DATE : AUGUST 25, 2022. P. C. : Matter is moved before this Court by way of a praceipe. In view of urgency, order is passed on praceipe itself. Heard learned Counsel for Petitioner. Issue notice to the Respondents, making the same returnable on 06th October, 2022. Learned AGP waives notice for Respondent – State. Learned Counsel for Petitioner is permitted to serve the private Respondents, by way of any legally permissible mode of service, apart from Court service and to place on record service affidavit before next date. (KISHORE C. SANT, J.) (PRASANNA B. VARALE, J.)
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8623 OF 2021 Ankush Bapurao Thakur ...Petitioner Versus The Deputy Collector Resettlement Pune District Pune And Ors. ...Respondents Ms. Kanchan Phatak i/b Mr. Nitin Deshpande, for Petitioner. Mr. V.S. Gokhale, 'B' Panel Counsel for the Respondents-State. ---- CORAM : R.D.DHANUKA, AND M.M.SATHAYE, JJ. DATE : 18th JANUARY 2023 P.C. Rule. Rule is made returnable forthwith. Learned AGP waives service for the Respondent/State. Taken up for final disposal by consent. This petition is filed under Article 226 of the Constitution of India seeking direction to the Respondents-State to delete the entries of 'reservation for project affected persons' from the other rights column of 7/12 extracts of the Petitioner's land admeasuring 2 Hectares and 72 Ares from Gat No. 112, situated at Village Takali Bhima, Taluka Daund, District – Pune. It is the case of the Petitioner that the subject matter land is falling in the benefited zone and as such it is kept under reservation SNEHA NITIN CHAVAN Digitally signed by SNEHA NITIN CHAVAN Date: 2023.01.19 12:19:47 +0530 vide M. E. No. 505, for the allotment of project affected persons of Bhama-Askhed Irrigation project. It is further case of the Petitioner that because of such endorsement, he cannot deal with his land and Government has also not taken steps in last 24 years for acquisition and allotment of this land to the project affected persons. As a result, there is indefinite fetter/restriction on the Petitioner's right to enjoy subject matter land. Learned counsel for the Petitioner has invited our attention to various earlier orders passed by this Court viz. Order dated 17.09.2013 passed in Writ Petition No. 5207 of 2013, Order dt. 17.10.2018 passed in Writ Petition No. 2821 of 2018, Order dt. 14.08.2019 passed in batch of Writ Petitions with leading Writ Petition No. 5763 of 2017, Order dt. 17.02.2020 passed in Writ Petition No. 1578/2020 1567, 1474, 1475 and 1476 all of 2020, Order dt.27.10.2020 passed in group of Writ Petitions with leading Writ Petition No. 5077 of 2020, Order dt. 05.08.2021 passed in Writ Petition No.2508 of 2021, Order dt. 11.08.2021 passed in Writ Petition No. 8629 of 2018, Order dt. 07.10.2021 passed in Writ Petition No. 1601 of 2021 and Writ Petition No. 716 of 2021, Order dt. 15.11.2021 passed in group of Writ Petitions with leading Writ Petition No. 1332 of 2021 and latest Order dt. 02.03.2022 passed in group of Writ Petitions with leading Writ Petition No. 5507 of 2021. Perusal of all these orders show that this Court has taken consistent view that private lands of the citizens like Petitioner cannot be kept under continuous and indefinite fetter, without initiating any action for allotment to project affected persons. If the Respondent-State wants to allot any of these lands to project affected persons, necessary steps must be taken and completed in time bound manner, otherwise the subject matter land must be released from such endorsements on 7/12 extract. Learned AGP for the Respondent-State could not distinguish facts of the present matter from the facts of the above said cases. We are therefore, of the view that this matter is covered by aforesaid Judgments and Orders taking consistent view. In that view of the matter, we pass the following order : (i) The State Government is directed to complete the process of allotting the Petitioner's land which is declared as part of the benefited zone, for allotment to the project affected persons, if required, and the said process shall be completed within six months from today, without fail. (ii) It is further directed that if the Petitioner's land is not allotted as stated above, the mutation entries effected in its 7/12 extracts about reservation for project affected persons, be deleted without further reference to the Court within two weeks from the date of expiry of six months. It is directed that no further extension of time would be granted for the same. (iii) It is further directed that if the entire process of allotment of Petitioner's land is not over within a period of six months from today as stated above, the Petitioner whose land has been placed under the benefited zone, would be at liberty to deal with his said land in the manner he desires and the State Government shall not initiate any acquisition proceedings in respect of the Petitioner's land which is subject matter of this petition, after expiry of six months. (iv) It is further made clear that the Government Resolution dated 18th January, 2022 and 11th February, 2022 shall be read with this order, so far as its application to the Petitioner's land is concerned. (v) The Writ Petition is disposed of. Rule is made absolute in above terms. There shall be no order as to costs. (vi) All concerned to act on an authenticated copy of this order. [M.M.SATHAYE, J.] [R.D.DHANUKA, J.]
1) Document Filed: Vakalatnama
Filed By : The Deputy Collector And Ors
Advocate: Government Pleader A.S. Writ Cell
Filed Document - Date of Receiving - 1: 17/05/2022
Respondent-1: The Deputy Collector
Respondent-2: Ors
Petitioner-1: Ankush Bapurao Thakur
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO. 1621 OF 2011 WITH CRIMINAL WRIT PETITION NO. 1622 OF 2011 WITH CRIMINAL WRIT PETITION NO. 1623 OF 2011 Global Trade Finance Limited ... Petitioner Versus State of Maharashtra and Anr. ... Respondents Mr. Yashpal Thakur i/by M/s. Paras Kuhad & Associates, Advocate for the petitioner. Mr. S.S. Pednekar, A.P.P. for State in Cri.W.P. No. 1621 of 2011. Mr. A.S. Shitole, A.P.P. for State in Cri.W.P. No. 1622 of 2011. Mr. S.A. Shaikh, A.P.P. for State in Cri.W.P. No. 1623 of 2011. CORAM : K.U. CHANDIWAL,J. DATED : SEPTEMBER 20, 2011 P.C. Heard. Issue notice to respondents returnable on 17.11.2011. The learned A.P.P. waives service on behalf of State. To be heard finally at admission stage along with W.P. No. 1620 of 2011. (K.U. CHANDIWAL,J.)
Order - Status 12: WP 1620-G OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1620 OF 2011. WITH CRIMINAL WRIT PETITION NO.1622 OF 2011. WITH CRIMINAL WRIT PETITION NO.1623 OF 2011. Global Trade Finance Limited .. Petitioner V/s. The State of Maharashtra and anr .. Respondents. Mr. Yashpal Thakur i/by M/s Paras Kuhad & Associates, for the petitioners in all the petitions. . Mrs. U. V. Kejariwal, APP for the Respondent – State Ms. K. R. Davierwala i/by M/s Mulla & Mulla C.B.C. for Respondent No.2. CORAM : R.C.CHAVAN, J. DATE : 22nd November, 2012 P.C. Learned counsel for the petitioner has instructions from his client to withdraw the petitions. Petitions are disposed of as withdrawn. (R.C.CHAVAN, J.)
Respondent-1: The State Of Maharashtra
Respondent-2: Anr
Petitioner-1: Global Trade Finance Limited