Allowed

Anjuman - E- Taleem and Anr. v. the State of Maharashtra and Anr.

Bombay HC13 Mar 2009CAW/2949/2008

Case brief

AI extract

What is this about?

The High Court of Bombay condoned an inordinate delay and restored two Civil Applications. The court stayed further proceedings in a Contempt Application before a School Tribunal. Costs were awarded to be paid to a law library.

What did the court decide?

Civil Applications made absolute; delay condoned and matter restored; proceedings in Contempt Application stayed; grant of Rs.3,000 to Kirtikar Law Library.

Anjuman - E- Taleem and Anr. Vs the State of… — Civil Procedure and Limitation | Bombay HC (2009)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

¶2

CIVIL APPLICATION NO. 2949 OF 2008
IN
CIVIL APPLICATION NO. 2283 OF 2008
IN

¶3

WRIT PETITION NO. 1600 OF 1997

¶4

1. Anjuman-E-Taleem & anr. ] .. Petitioners/
Applicants

¶5

Versus

¶6

1. The State of Maharashtra & anr.] .. Respondents

¶7

Mr. G.R. Rege i/b S.M. Railkar for the applicants.

¶8

Mr. V.P. Malwankar, AGP, for the respondent No.1.

¶9

Ms. Prachi Khandke i/b V.R. Bhosale for the respondent
No.2.

¶10

CORAM: S.B. MHASE &
D.B. BHOSALE, JJ.

¶11

DATED: 13TH MARCH, 2009

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P.C. :

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1.We have perusedthe application for
condonation of delay and the application for
restoration. Though the reason of illness of the
earlier Advocate is quoted, yet we find that there is an
inordinate delay in filing the application. However, in
the interest of justice we are inclined to condone the
delay and restore the matter.

¶14

: 2 :

¶15

2.Learned counsel for the respondent No.2
vehemently opposes the Civil Applications for grant of
both the reliefs. However, we feel that the said
respondent No.2 can be compensated in terms of costs.
Therefore, we pass the following order.

¶16

3.Civil Application No.2949 of 2008 is made
absolute in terms of prayer clause (b), which reads
thus:

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"(b)the delay of about 900 days in filing
the above Civil Application be kindly
condoned on such terms and conditions as this
Hon’ble Court may deem fit and proper."

¶18

4.Civil Application No.2283 of 2008 is made
absolute in terms of prayer clause (b), which reads
thus:

¶19

"(b)pending the hearing and final disposal
of this Civil Application as also the above
Writ Petition, further proceedings including
Contempt Application No.18 of 1997 pending on
the file of School Tribunal, Kolhapur, be
stayed;"

¶20

5.The above prayers are granted subject to costs

¶21

: 3 :

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of Rs.3,000/- to be paid to Kirtikar Law Library within
a period of two weeks from today.

¶23

6.Both the above Civil Applications are,
accordingly, disposed of.

¶24

Sd/-Sd/-
[D.B. BHOSALE, J.][S.B. MHASE, J.]

Anjuman - E- Taleem and Anr. v. the State of Maharashtra and Anr.

Case brief

What is this about?

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Anjuman - E- Taleem and Anr. v. the State of Maharashtra and Anr.

Case brief

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What the court decided

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