This writ petition was listed as infructuous. Neither party appeared, and no praecipe was submitted to the contrary. The court dismissed the petition, allowing revival if the cause of action survives.
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VIDYA Digitally signedby VIDYASURESH AMIN SURESHAMIN Date:2021.08.3017:14:26+0530
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16.WP297_2005
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.297 OF 2005
The City Co-op. Bank Ltd....Petitioner
Vs.
Sunita Mullaji & Ors....Respondents
None for Petitioner
Mr P.P. Pujari AGP for State
CORAM : G.S. KULKARNI, J.
DATE : 27th AUGUST 2021
P.C.:
1.Learned Government Pleader, Appellate Side had circulated in
the Registry a list of old infructuous matters so that these matters
could be listed and disposed of as infructuous. This petition is one of
such matters in the list. These matters were accordingly listed before
this Court on 20 August, 2021 with a prior notice dated 17 August,
2021, by which the parties were intimated that if the proceedings have
not become infructuous, then a praecipe be submitted in the office
before its listing on 20 August 2021.
2.On 20 August, 2021, when this petition was listed before the
Court and was called out, none appeared for the petitioner nor a
praecipe in response to the notice dated 17 August, 2021 stating that
the matter has not become infructuous was placed on record.
However, to give a second chance to the parties, the Court adjourned
this petition, to be listed today with a specific advance notice dated 24
August, 2021, that the parties are again permitted to submit a
praecipe if the proceedings are not infructuous. Despite such second
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16.WP297_2005
notice, no praecipe is received in the present proceedings on behalf of
the petitioner.
3.It, therefore, appears that the petitioner is not interested to
prosecute this petition and/or it has become infructuous. The petition
is, accordingly, disposed of, however, with liberty to the petitioner to
revive the petition in the event the petitioner feels that the cause of
action still survives.
4. Disposed of in the above terms. No costs.
The City Co-op. Bank Ltd.
Sunita Mullaji & Ors.
G.S. Kulkarni
As recorded by the court registry
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