The High Court refused to exercise appellate jurisdiction over a coordinate Bench's order fixing security deposit, noting other remedies exist. The petitioner was given until May 2, 2022, to deposit Rs. 5 lakh or face dismissal without reference.
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4-PIL.50.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 50 OF 2022
Hrishikesh Laxman Kolhe } Petitioner versus The State of Maharashtra } and Ors. } Respondents
Mr. Vaibhav D. Kadam with Mr. Aditya A. Thorat, Ms. Aprajita Mahto and Ms. Kanchan Zire for the petitioner.
Mr. Sanjiv A. Sawant with Mr. Abhishek P. Deshmukh i/b. Mr. Digvijay Palande for respondent no. 9.
Ms. Priyanka H. Chavan i/b. Mr. S. B. Shetye for respondent no. 2.
Mr. P. P. Kakade-Government Pleader with Ms. R. A. Salunkhe-AGP for respondent nos. 1, 3, 5, 6 and 8 (State).
CORAM: DIPANKAR DATTA, CJ & V. G. BISHT, J.
DATE: APRIL 25, 2022
P.C.:
1. Mr. Kadam, learned advocate for the petitioner, while referring to the earlier order dated 28th March 2022 passed on this public interest litigation, seeks reduction in the quantum of security that the coordinate Bench required him to deposit.
2. We do not exercise appellate jurisdiction over an order passed by the coordinate Bench. The petitioner has other remedies which he may avail of.
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J.V.Salunke,PS
4-PIL.50.2022
3. We, however, make it clear that in the event by Monday next ( 2nd May 2022 ) the security deposit of Rs. 5 lakh is not deposited, this writ petition shall stand dismissed without reference to the Court.
SALUNKE J V
Digitally signed by SALUNKE J V Date: 2022.04.25 20:12:54 +0530
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J.V.Salunke,PS
1 issue framed by the court
Whether the coordinate Bench's order fixing security deposit can be reduced.
Hrishikesh Laxman Kolhe
The State of Maharashtra
Dipankar Datta
V. G. Bisht
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
