Nahid Reza Abid Ali vs State Of Maharashtra And 4 Ors
2017 Latest Caselaw 6276 Bom

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               IN THE  HIGH COURT OF JUDICATURE AT BOMBAY

                       ORDINARY ORIGINAL CIVIL JURISDICTION

                   WRIT PETITION (LODGING) NO. 2051 OF 2017

Nahid Reza Abid Ali                                                                     ....Petitioner.
           Vs.
State of Maharashtra & Ors.                                                             ....Respondents. 

Mr. Ashish Singh i/by DSK Legal for the Petitioner.
Mr. Vivek Patil i/by Vivek Patil & Associates for Respondent No.4.
Ms. Geeta Shastri, Addl. G.P. for the Respondent-State.

                                 CORAM  :  ANOOP V. MOHTA AND
                                              SMT. BHARATI H. DANGRE, JJ.

DATE : 16 AUGUST 2017.

ORDER:-

On 10 August 2017, we have passed the following order in

this Petition-

"Issue notice to Respondent No.4, returnable on Monday, the 14th August, 2017 for final disposal, in view of the urgency expressed.

Private/personal notice is also permissible.

To be shown first on board for final disposal on 14.08.2017."

2 However, Mr. S.P. Borey, Personal Assistant/Office, wrongly

uploaded the order of following nature-

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"The Petitioner has alternate remedy. Therefore, keeping all points open, we are not inclined to entertain this petition.

The Writ Petition is disposed of with liberty."

3 The learned counsel appearing for the Petitioner pointed

out the said mistake. We have verified the file and noted only above

order passed on 10 August 2017. The corrected order is already

uploaded.

4 The Petitioner's husband is in Coma. Minimum amount is

required to the Petitioner-wife. Technical formalities will take its own

time.

5 At present, by keeping all defences open, we are directing

Respondent No.4-Bank to consider the Application already filed by the

Petitioner, as early as possible preferably by Friday i.e. 18 August

2017, in the interest of justice. The Petitioner to submit the details of

the amount which is required to her for the time being, with basic

documents to establish relationship as wife. The Petitioner to move

the Bank office on or before 5.00 p.m. today itself. The Respondent-

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Bank to deal with the same as observed, as early as possible and

preferably by Friday i.e. on 18 August 2017.

6 Needless to mention that, as this order is pronounced in

the open Court, the Respondent-Bank need not to wait for the copy of

this order. The parties to act on the basis of an authenticated copy of

this order.

7 Liberty is granted to the parties to communicate this order

by all possible modes.

8                     Stand over to 4 September 2017. 

                                   

   (BHARATI H. DANGRE, J.)                                                      (ANOOP V. MOHTA, J.)