The court dismissed a writ petition for self-acting non-compliance with a prior conditional order requiring deposit of lump sum, noting appeal before division bench did not alter position.
Petitioner to deposit the said amount in terms of conditional order
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((-1-))
MST
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2070 OF 2007
Dalal Brothers Freight Forwarders
Pvt.Ltd. Petitioner
versus
The Transport and Dock Workers
Union and others Respondents
Leiroy and Sanchari Nandi i/by Yusuf & Associates
for petitioner.
Mr.S.M.Dharap a/w Neel Helekar for respondent
no.1.
CORAM : A.M.KHANWILKAR, J.
DATE : 19th November 2007
PC :
1. My attention is invited to orders dated 01st
October 2007 and 29th October 2007. I am in
agreement with the argument advanced on behalf of
respondents that the writ petition stands
dismissed on account of self operative
conditional order passed by this Court as the
petitioners have failed to deposit the amount in
terms of those orders. The argument of the
petitioners that the petitioners have carried the
MST
((-2-))
matter in appeal before the Division Bench
against the order requiring the petitioners to
deposit the amount, does not take the matter any
further. There is no order so far by the
Division Bench either extending the time for
deposit or excusing the petitioners from
depositing such amount. As aforesaid, this Court
on the earlier occasion has already passed a self
operative conditional order. On account of non
compliance of the conditional order, the petition
will have to be treated as dismissed.
2. Counsel appearing for the respondents submits
that in fact the petitioners consented for
passing such conditional order before my
Predecessor. It is not necessary for me to enter
into that controversy.
(A.M.KHANWILKAR, J.)
Dalal Brothers Freight Forwarders Pvt.Ltd.
The Transport and Dock Workers Union
A.M.KHANWILKAR
As recorded by the court registry
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