Interim application filed after disposal of a writ petition seeking review. Court clarified that non-review applications can explore fresh causes of action but possessed no need to exercise that jurisdiction given the clarification. Application disposed without merits.
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1 46 ia 2419-23 in wp 3225-19-c
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2419 OF 2023 IN
WRIT PETITION NO.3225 OF 2019
Vijendra Kumar Rai … Petitioner/Applicant V/s.
The State of Maharashtra and anr. … Respondents
Mr.Vijendra Kumar Rai, Applicant in-person present.
Mr.Shashank N. Fadia, Advocate for Respondent No.2.
CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ. DATE : 10 APRIL 2023.
P.C.:-
Priya Soparkar
Digitally signed by PRIYARAJESHSOPARKAR PRIYA RAJESHSOPARKARDate:2023.04.11 17:58:06 +0530
46 ia 2419-23 in wp 3225-19-c
the fact that the writ petition has been disposed of and in disposed of petition an application is taken out. In application the learned counsel for the Applicant/original Petitioner clarifies that the application is not for review. That being the position, if the applicant has any fresh cause of action it is always open to the Applicant to take such steps as warranted in law.
(ABHAY AHUJA, J.)
(NITIN JAMDAR, J.)
Priya Soparkar
2 issues framed by the court
Whether the present application is maintainable for review of the dismissed writ petition.
Which course to adopt keeping the contentions of the parties open when an application is filed after disposition.
Vijendra Kumar Rai
The State of Maharashtra
Nitin Jamdar
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court