Petitioner sought appointment as a Notary under Article 226. Respondents did not appear despite service. Court returned matter to Respondents to consider representations on merits.
Order to consider representations dated 17.10.2018 and 18.07.2019 on merits on or before 30.06.2021.
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8.2380.20-wp.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 2380/2020
Mrs. Sonali Vijay Magdum
….. Petitioner
Vs.
Union of India & Ors.
….. Respondents
Mr. Siddhesh Pilankar I/b. Uday P. Warunjikar for the Petitioner
CORAM: K.K.TATED & RIYAZ I. CHAGLA, JJ.
DATED : APRIL 9, 2021 (VIDEO CONFERENCING)
P.C.
1 Heard. The learned counsel for the Petitioner submits that as per order dated 30.03.2021 he has served both the Respondents and filed Affidavit of Service. In spite of that none appeared for them.
2 By this petition under Article 226 of the Constitution of India the Petitioner is seeking direction against the Respondents to consider their candidature under the provisions of the Notary Act 1952 and the Notary Rules for appointing him as a Notary in view of the representation dated 17.10.2018 and 18.07.2019.
3 Though the Respondents are duly served twice, none appeared for them.
Basavraj G. Patil
1/2
8.2380.20-wp.odt
4 Considering these facts, the petition can be disposed of with direction to the Respondent to consider these representations on merits.
a. The Respondents to consider representations dated 17.10.2018 and 18.07.2019 on merits as early as possible but in any case on or before 30.06.2021 and inform the decision thereon to the Petitioner.
b. The Petitioner is directed to serve a copy of this order to the Respondents on or before 30.04.2021.
c With these directions, the Writ Petition stands disposed of.
(RIYAZ I. CHAGLA, J.)
(K.K.TATED, J.)
Basavraj G. Patil
2/2
1 issue framed by the court
Whether the petition for appointment as a Notary under the Notary Act 1952 and Rules, which is disposed of in non-appearance and returned to the Respondents on merits, is maintainable.
3 provisions across 3 enactments
Mrs. Sonali Vijay Magdum
Union of India
K.K. Tated
Riyaz I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
