Bharat Sanchar Nigam Ltd, Through ... vs Subhash M. Sandanvise
2021 Latest Caselaw 15476 Bom

                                                                    10-IA.3085.2021


  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 3085 OF 2021
                                 IN
                    WRIT PETITION NO. 2995 OF 2013

                                WITH
                    WRIT PETITION NO. 2995 OF 2013

Subhash M. Saindanvise                     }       Applicant
    in the matter between
Bharat Sanchar Nigam Ltd.                  }       Petitioner
         Versus
Subhash M. Saindanvise                     }       Respondent


Mr. Sunil Karoth for the applicant.
Ms. Neeta V. Masurkar for respondent/original petitioner.


                        CORAM :- DIPANKAR DATTA, CJ &
                                 M. S. KARNIK, J.

                        DATE :-     OCTOBER 27, 2021


PC :-

1. During the pendency of the writ petition, wherein a judgment and order dated 10th February 2012, passed by the Central Administrative Tribunal, Mumbai Bench, Mumbai (hereafter "the Tribunal" for short) has been challenged, the respondent (original applicant before the Tribunal) has been subjected to transfer by an order dated 30 th September 2021. By such order, the original applicant has been transferred to Daund.

J.V.Salunke,PS 10-IA.3085.2021

2. By presenting this interim application, the respondent (original applicant) prays for stay of the order of transfer.

3. Ms. Masurkar, learned advocate for the writ petitioners (respondents in the original application) is right in her objection that the order of transfer affords the respondent (original applicant) a fresh cause of action to move the Tribunal.

4. We do not propose to entertain this interim application upon upholding the aforesaid objection and dispose of the same with liberty to the original applicant to pursue remedies in accordance with law for appropriate reliefs.

5. The writ petition shall be listed on 1st December 2021 (fairly high on Board).

SALUNKE JV Digitally signed by SALUNKE J V Date: 2021.10.28 18:49:15 +0530 (M. S. KARNIK, J.) (CHIEF JUSTICE)

J.V.Salunke,PS