The Court dismissed the civil application, relegating the petitioner to pursue an appeal against the termination notice as the alternative remedy. Leave was granted to condone delay for such an appeal.
Petitioner relegated to alternative remedy of appeal. Leave granted to condone delay for appeal filed within two weeks.
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[1]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 2081 OF 2006
IN
CIVIL WRIT PETITION NO. 4787 OF 2006.
Shri Bhauso Shankar Kamale & Ors. ..Applicants
V/s
The State of Maharashtra & Ors. ..Respondents.
Shri S.S. Pakale for the applicants.
CORAM : B.H. MARLAPALLE &
J.H. BHATIA, JJ.
DATE : 1ST DECEMBER, 2006.
P.C.
. Undoubtedly the petitioner has alternative
remedy of appeal against the notice of termination dated
8th June, 2006 and for all consequential reliefs
including interim relief. The petitioner is therefore,
relegated to alternative remedy.
2. If such an appeal is filed by the petitioner
within a period of two weeks from today, the period for
pendency of this petition from 29th June, 2006 till
today shall be taken into consideration for condonation
of delay.
[2]
(J.H. BHATIA, J.) ( B.H. MARLAPALLE, J.)
1 issue framed by the court
Whether the petitioner is relegated to the alternative remedy by way of appeal against the notice of termination.
Shri Bhauso Shankar Kamale & Ors.
The State of Maharashtra & Ors.
B.H. Marlapalle
J.H. Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court