A writ petition challenging an order of the Registrar was disposed of by the High Court as it had become infructuous due to the failure of the petitioners to prosecute after passage of time.
The petition was disposed of with liberty to revive.
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VIDYA Digitally signedby VIDYASURESH AMIN SURESHAMIN Date:2021.08.3017:14:26+0530
1
1.WP576_2005
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 576 OF 2005
WITH
CIVIL APPLICATION NO. 1825 OF 2006
Navratna Labour Cooperative Society Ltd. & Anr.…Petitioners/
Applicants
Vs.
The District Deputy Registrar,
Cooperative Societies & Ors.
…Respondents
Mr. Sarang S. Aradhye for the petitioner.
Mr. Y.D. Patil, AGP for the 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, the Court had passed the following order:
“1.Mr. Aradhye, learned counsel for the petitioner states that he
would take instructions from his clients whether the petition is now
rendered infructuous by passage of time.
2. Accordingly, stand over to August 27, 2021 at 2 p.m.”
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1.WP576_2005
3. Today Mr. Aradhye, learned counsel for the petitioners states that he was unable to obtain instructions from his clients.
4.It, therefore, appears that the petitioners are not interested to
prosecute this petition and/or it has become infructuous. The petition is,
accordingly, disposed of, however, with liberty to the petitioners to
revive the petition in the event the petitioners feel that the cause of
action still survives.
5. Disposed of in the above terms. No costs.
6.In view of disposal of Writ Petition, Civil Application does not
survive and the same is also disposed of accordingly.
Navratna Labour Cooperative Society Ltd. & Anr.
The District Deputy Registrar, Cooperative Societies & Ors.
G.S. Kulkarni
As recorded by the court registry
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