Monika Brij Kunj vs The State Of Maharashtra And Ors
2021 Latest Caselaw 15863 Bom

                                                                    26.7205.21-wp.odt


BASAVRAJ                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GURAPPA                             CIVIL APPELLATE JURISDICTION
PATIL
Digitally signed by
BASAVRAJ GURAPPA                          WRIT PETITION NO.7205/2021
PATIL
Date: 2021.11.17
20:11:13 +0530


                      Smt. Monika Brij Kunj                        ..... Petitioner

                             Vs.

                      State of Maharashtra & Ors.                  ..... Respondents


                      Mr. Prashant Bhavake for the Petitioner
                      Mr. N. K. Rajpurohit, AGP for the State


                                                  CORAM:    R.D.DHANUKA &
                                                            ABHAY AHUJA, JJ.

DATED : NOVEMBER 16, 2021

P.C.

1 Mr.Rajpurohit, the learned AGP seeks time to file Affidavit in Reply and to take instructions.

2 The Petitioner has impugned the order dated 23.06.2021 passed by Respondent No.2 seeking to recover various amounts from the Petitioner.

3 The learned counsel for the Petitioner has invited our attention to the judgment of the supreme Court in the case of State of Punjab and Ors. Vs. Rafiq Masih (White Washer) and Ors. (2015 4 SCC 334) in support of his submission that no such recovery could be proposed or effected against the Petitioner. In our view, prima face, the said judgment applies to the bunch of these cases.

                      Basavraj G. Patil                                                    1/2
                                                 26.7205.21-wp.odt




4      The Respondents are directed to file Affidavit in Reply

within 2 weeks from today with copy to other side.

5 Rejoinder shall be filed within a week thereafter.

6 Till the next date, there shall be ad-interim relief in terms of prayer clause (d).

7 The Respondents shall not execute the operative part of clause 2 of the impugned order at Exhibit-T in the petition (Page 62) forwarded to the Petitioner along with a covering letter dated 06.07.2021, till the next date.

8 Place the matter on board for admission on 15.12.2021.

(ABHAY AHUJA, J.)                        (R.D.DHANUKA, J.)




Basavraj G. Patil                                                   2/2