Bombay High Court Grants Interim Relief in Writ Petition Against State - Notice Issued Returnable in Two Days. Ad-interim relief granted in terms of prayer clause (d) pending hearing of the petition.

High Court: Bombay High Court Bench: GOA
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Case Note & Summary

The petitioner, Anil Gangaram Dodewar, filed a writ petition before the Bombay High Court, Nagpur Bench, against the State of Maharashtra and others. The nature of the dispute is not detailed in the order. The court heard the counsel for the petitioner, Mr. A. S. Chandurkar, and issued notice to the respondents returnable on 15/4/2010. In the meantime, the court granted ad-interim relief in terms of prayer clause (d) of the petition. The court also noted that Mr. Sambre waived notice on behalf of respondent no.1. The matter was directed to be heard along with Writ Petition No.1489/2010. The order was passed by a division bench comprising Justices D.D. Sinha and F.M. Reis on 13th April 2010.

Headnote

A) Civil Procedure - Interim Relief - Ad-interim Relief - Constitution of India, 1950, Article 226 - Court granted ad-interim relief in terms of prayer clause (d) after hearing counsel for petitioner and issued notice to respondents returnable on 15/4/2010, to be heard along with connected matter. (Para 1)

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Issue of Consideration

Whether interim relief should be granted pending disposal of the writ petition.

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Final Decision

Notice issued to respondents returnable on 15/4/2010. Ad-interim relief granted in terms of prayer clause (d). Matter to be heard along with Writ Petition No.1489/2010.

Law Points

  • Interim relief
  • Notice before final hearing
  • Ad-interim relief
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Case Details

2010 LawText (BOM) (07) 149

Writ Petition No.1719/2010

2010-04-13

D.D. Sinha, F.M. Reis

A. S. Chandurkar (for petitioner), Mr. Sambre (for respondent no.1)

Anil Gangaram Dodewar

The State of Maharashtra, through its Secretary & others

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India

Remedy Sought

Interim relief in terms of prayer clause (d) of the petition

Issues

Whether interim relief should be granted pending disposal of the writ petition.

Submissions/Arguments

Counsel for petitioner argued for interim relief.

Ratio Decidendi

The court granted ad-interim relief after hearing the petitioner's counsel and before issuing notice to the respondents, indicating that prima facie case and balance of convenience favored the petitioner.

Judgment Excerpts

Heard the learned counsel for the petitioner. Issue notice to respondents returnable on 15/4/2010. In the meanwhile adinterim relief in terms of prayer clause (d).

Procedural History

The writ petition was filed on an unspecified date. On 13/4/2010, the court heard the petitioner's counsel and passed the interim order.

Acts & Sections

  • Constitution of India: Article 226
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High Court Bombay High Court Grants Interim Relief in Writ Petition Against State - Notice Issued Returnable in Two Days. Ad-interim relief granted in terms of prayer clause (d) pending hearing of the petition.
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