Food Corporation Of India vs Lateshkumar And Co
2023 Latest Caselaw 7032 Bom

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO.5593 OF 2018

 Food Corporation of India                                  ... Petitioner
       Vs.
 Lateshkumar and Co.                                        ... Respondent

                                            AND
                               WRIT PETITION NO.5601 OF 2018

 Food Corporation of India                                  ... Petitioner
        Vs.
 Kartik Enterprises                                         ... Respondent
                                              -------

 Mr.G.L.Bajaj i/by M/s Sharma Syndicate Lex Co., Advocate for the
 Petitioner.
 Ms.Heena Shaikh i/by Mr.Santosh Singh, Advocates for the Respondents.

                                              -------

                            CORAM :     ABHAY AHUJA, J.

                            DATE :      14 JULY, 2023.

 P.C. :

1. On 16th June, 2023 the following order was passed:-

"1. Mr.G.L.Bajaj, learned counsel who appears for the Petitioner states that he has filed his Vakalatnama yesterday and seeks some time to go through the papers to ascertain whether the petition has become infructuous or not, although Ms.Heena Shaikh, learned counsel for the Respondent would submit that Respondent has already vacated the premises and the petition has in fact become infructuous. She submits

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that in respect of the mesne profits the Respondent has already filed the application before this court which has already been heard and reserved for orders.

2. Be that as it may, let Mr.G.L.Bajaj, for the Petitioner take appropriate instructions. At his request, list on 14th July, 2023."

2. Today Mr.Bajaj, learned counsel for the Petitioner appears and

states that even though the Food Corporation of India may have vacated

the premises pursuant to order dated 30th October, 2017, the challenge in

these petitions will have a bearing to the mesnes profit litigation which

has been separately filed pursuant to the civil revision applications in this

court.

3. Ms.Shaikh, learned counsel for the Respondents submits that the

civil revision applications with respect to the mesne profit have already

been finally heard. The arguments are concluded and the judgment /

order is reserved on 19th October, 2022 and as recorded in the earlier

order of this court dated 16 th June, 2023, these petitions have become

infructuous.

4. Let an appropriate affidavit-in-reply be filed clearly setting out the

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facts under developments in these matters within a period of two weeks

with a copy to the other side.

5. Let a rejoinder, if any, be filed by the next date with advance copy

to the other side.

6. List on 28th July, 2023.

                                                   (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                    3 of 3