Partly allowed

Forum for Fairness in Education and 2 Ors. v. State of Maharashtra and 4 Ors.

Bombay HC20 Dec 2023NMW/235/2019

Case brief

AI extract

What is this about?

The High Court of Bombay, on notice of motion, found a cause shown in the applicant's inability to prosecute due to being in Singapore for a family event. The court set aside the previous dismissal for non-prosecution, restored the writ petition to the file, and directed respondents to file additional affidavits.

What did the court decide?

Notice of motion made absolute; order dated 3rd June 2019 set aside; writ petition restored; respondents directed to file additional affidavits within four weeks.

Forum for Fairness in Education and 2 Ors. Vs State… — Education and Admissions | Bombay HC (2023)

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8-NMW-235-2019

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jvs

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO. 235 OF 2019 IN WRIT PETITION NO. 2871 OF 1999

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WITH WRIT PETITION NO. 2871 OF 1999

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Forum for Fairness in Education } & Ors. } Applicants

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Versus

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State of Maharashtra & Ors. } Respondents

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Bhagwanji Raiyani, applicant no. 2 in-person. Mr. Vishal Thadani, Additional Government Pleader for State.

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Mr. Rui Rodrigues for respondent no. 2.

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Mr. Sanjiv A. Sawant with Ms. Samiksha S. Mane for respondent no. 5.

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CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

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DATE: 20^th DECEMBER, 2023

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P.C.:

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1. Heard the applicant, who appears in person and learned counsel representing the respondents.

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2. This notice of motion seeks restoration of Writ Petition No. 2871 of 1999, which was dismissed for non-prosecution on 3^rd June 2019. In the affidavit in support of this notice of motion, it has been stated by the applicant, who appears in person, that on the date on which the writ petition was dismissed for non-prosecution, he was in Singapore attending his grant son’s graduation ceremony.

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8-NMW-235-2019

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3. We find the cause shown in the notice of motion to be sufficient. Accordingly, the notice of motion is made absolute and the order dated 3^rd June 2019 is hereby set aside and the writ petition is restored to file to its original number.

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Writ Petition No. 2871 of 1999 :

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4. The respondents may file additional affidavits in reply to the writ petition bringing on record the developments which might have taken place in the meantime since the writ petition was dismissed for non-prosecution. The said affidavits may be filed within 4 (four) weeks.

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5. List the writ petition on 28^th February 2024 .

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JAYANT VISHWANATH SALUNKE

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Digitally signed by JAYANT VISHWANATH SALUNKE Date: 2023.12.20 18:24:14 +0530

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(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)

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Forum for Fairness in Education and 2 Ors. v. State of Maharashtra and 4 Ors.

Case brief

What is this about?

What did the court decide?

Forum for Fairness in Education and 2 Ors. v. State of Maharashtra and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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