The High Court of Bombay rejected a Notice of Motion filed to revive an earlier disposed writ petition. The court held that such revival is not permissible, though dismissal does not bar filing other permissible proceedings.
Notice of Motion No.414 of 2016 is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(960) NMW 414-16 in WP 2182-15.doc
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.414 OF 2016
IN
WRIT PETITION NO.2182 OF 2015
Gopal Motwane & others …Applicants (Petitioners No.1 to 3)
IN THE MATTER BETWEEN
Gopal Motwane & others. ...Petitioners vs. Municipal Corporation of Greater Mumbai & others. ...Respondents.
Ms. Ankita Singhania along with Ms. Nayana Rane i/by M/s. Divya Shah Associates, for the applicants/petitioners.
Mr. Sagar Patil, for respondents No.1 to 3 – M.C.G.M.
Mr. Milind More, Additional Government Pleader for respondents No.4 and 5 – State.
Ms. Kathleen Lobo i/by M/s. Khaitan and Co., for respondents No.6 and 7.
CORAM : B.R.GAVAI & M.S. KARNIK, JJ. DATED : 22nd September, 2017
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(960) NMW 414-16 in WP 2182-15.doc
P.C. :
The disposed of petition cannot be revived by a Notice of
Motion or a Civil Application. Notice of Motion is rejected.
will not come in the way of the petitioners to file such proceedings as
are permissible in law.
(M.S. KARNIK, J.) ( B.R.GAVAI, J.)
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1 issue framed by the court
Whether a disposed of writ petition can be revived by filing a Notice of Motion.
1 provisions across 1 enactments
Gopal Motwane & others
Municipal Corporation of Greater Mumbai
B.R. Gavai
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
