Two-judge bench disposed of a Letters Patent Appeal and related civil application by setting aside the Single Judge's order and remanding the matter for fresh consideration of contentions regarding interim relief.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO.302 OF 2007
WITH
CIVIL APPLICATION NO.403 OF 2007
Mrs.Sheetal Ashok Panwalkar
@ Pushpa Kamble ..Appellant.
V/s.
South Indian Children’s Education
Society & Ors. ..Respondents.
Mr.R.S.Apte i/b. A.R.Gole for appellant.
Mr.N.P.Bandiwadekar for respondent No.3.
CORAM : SWATANTER KUMAR, C.J.AND
J.P.DEVADHAR, J.
DATED : 23RD JANUARY, 2008.
P.C. :-
1. Learned counsel appearing for the appellant
stated that various arguments had been addressed before
the learned Single Judge for grant of interim relief.
The appellant had also relied upon the Judgment of the
Supreme Court. According to him, the order passed by
the learned Single Judge does not deal with any of the
contentions nor provide any reasons for rejection of
its prayer for interim relief. Learned counsel
appearing on behalf of the respondents stated that he
has no objection if the impugned order is set aside and
matter is remanded for consideration afresh in
- = : 2 : = -
accordance with law before the learned Single Judge.
In view of the stand taken by the respondents, we set
aside the order dated 7th December, 2007 and direct
that the matter be listed before the learned Single
Judge. We request the learned Single Judge to deal
with the contentions raised by the petitioner. Liberty
to the appellant to make a request before the learned
Single Judge even for disposal of the petition on
merits.
2. Appeal disposed of accordingly with no order
as to costs.
3. As the appeal itself is disposed of nothing
survives in the Civil Application No.403 of 2007.
Hence Civil application is disposed of as infructuous.
CHIEF JUSTICE
J.P.DEVADHAR, J.
Mrs. Sheetal Ashok Panwalkar @ Pushpa Kamble
South Indian Children's Education Society & Ors.
Swatanter Kumar
J.P. Devadhar
As recorded by the court registry
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