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Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.712 OF 2015 James D'Souza ..Applicant. versus State of Maharashtra ..Respondent. ..... Mr. Parvez Memon with Mr. Ravi Mishra i/b MZM Legal for the Applicant. Mr. Arfan Sait, Addl. P.P. for the State. ..... CORAM : A.S. GADKARI, J. (VACATION COURT) 19th May 2015. P.C. : The Applicant has been charged with Section 420 of the Indian Penal Code by the Deccan Police Station vide F.I.R. No.98 of 2015 dated 2nd April, 2015. It is the case of the complainant that she was working with the travel agency viz. Sudin Travel Agency, Karve Road, Pune. The Applicant on telephone approached her and pretended that he is the owner of Dark Oranges Hospitality company and regularly requires substantial quantity of air tickets. Under that pretext, the Applicant got booking of 20 air tickets, domestic and international, from the complainant. It is further the case of the Applicant that the total value of the said tickets was Rs.7,50,000/-. Despite repeated requests from the complainant, the Applicant did not pay the said amount and on some or the other pretext avoided to pay the same. It was further revealed to the complaint that the company viz. Dark Oranges Hospitality was not in existence at the address mentioned therein. She, therefore, lodged a complaint with the police. The police are investigating the said crime. The learned counsel for the Applicant submitted that the present case is of civil nature and it is only because of the dispute about the quantum of amount to be paid to the complainant, the amount remained to be paid. He expressed his willingness to deposit the disputed amount in this Court with a view to prove his bonafide. It appears to me that the offence is simpliciter under Section 420 and the Applicant has expressed his desire to prove his bonafide by depositing the disputed amount in this Court. On this ground, I am inclined to release the Applicant on anticipatory bail upto 11th June, 2015 on the following conditions : i) The Applicant shall deposit the amount of Rs.7,50,000/- by way of demand draft in the Registry of this Court within a period of three days from today. Subject to deposit of the said amount by the Applicant, in the event of arrest, the Applicant shall be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- and a solvent surety in the like amount; ii) The Applicant shall attend the Deccan Police Station, Pune as and when called for between 11.00 a.m. to 5.00 p.m.; iii) The Applicant shall not tamper with the prosecution witnesses and/or shall not indulge into any act amounting to tampering of evidence; iv) In case, the Applicant fails to deposit the amount within a period of three days from today, the protection granted to the Applicant shall come to an end without further reference to this Court; v) It is further made clear that the period of three days shall not be extended in any event and for whatsoever reason. Place this matter on Board on 11th June, 2015 for further orders. (A.S. Gadkari, J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 712 OF 2015 James D'Souza .....Applicant V/s. The State of Maharashtra ....Respondent Mr. Sherbir Panag a/w Parvez Memon & Ravi Mishra i/b MZM Legal for Applicant Ms. P. P. Shinde APP for the State. CORAM : SMT. SADHANA S. JADHAV, J. DATED : 7th JULY 2015 PC : By an order dated 19/05/2015, Vacation Court (Coram: A. S. Gadkari, J.) had granted conditional pre-arrest bail to the applicant. Condition was that he shall deposit amount of Rs. 7,50,000/- by way of demand draft in this Court within a period of 3 days from 19/05/2015. It is an admitted position that order has not been complied with till today. Learned counsel for the applicant submits that he would still be willing to deposit Rs. 5,00,000/-, however, according to him, amount of Rs. 7,50,000/- is the amount alleged by the complainant and that criminal proceedings cannot be treated as recovery proceedings. Learned Vacation Court had observed that counsel for the applicant had expressed his willingness to deposit the disputed amount in this Court with a view to prove his bonafides. Today, as the amount is disputed, judicial propriety warrants that application be heard and decided by the same bench. In view of this, Registry shall take directions and place the matter before appropriate Bench. However, learned counsel for the applicant would be at liberty to take steps. Removed from board. (SMT. SADHANA S. JADHAV, J.)

Order - Status 11: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.712 OF 2015. Mr. James D'Souza ..Applicant. Vs. The State of Maharashtra ..Respondent Mr. Ravi Mishra i/b MZM Legal for Applicant. Mrs. Prajakta Shinde, APP for Respondent-State. CORAM: A.S. GADKARI, J. DATE : 21st July 2015. P.C. 1 This matter is placed before me in pursuance of order dated 7th July 2015 passed by the Co-ordinate Bench as I had passed the interim order dated 19.5.2015. 2 Heard learned Counsel for the applicant and the learned APP for the State. 3 The learned Counsel for the applicant submits that, though the statement was made on behalf of the applicant on 19th May 2015 before this Court thereby expressing his willingness to deposit the disputed amount in this Court with a view to prove bonafide of the applicant, the applicant could not deposit the same within the said stipulated period and even as of today as the applicant is running short of the funds. He further submits that the applicant is trying to settle the matter out of the Court with the original complainant, but due to order dated 19.5.20015 the same could not take place. 4 It is to be noted here that in order dated 19.5.20015 in para-2, a statement of the Counsel for the applicant was recorded. The said statement is undoubtedly based on the instructions given by the applicant to his Counsel. On the basis of the said statement, the disputed amount was to be deposited within a period of three days from the date of order i.e. from 19.5.2015. As stated above, the said order has not been complied with. The applicant has failed to comply with the said order and has enjoyed prearrest bail till today. It is surprising to note here that the police authorities have also not taken notice of the condition imposed in para no.3(i), upon the applicant by the said order dated 19.5.2015. Para-3 (i) of the order dated 19.5.20015 reads as under: "The Applicant shall deposit the amount of Rs.7,50,000/- by way of demand draft in the Registry of this Court within a period of three days from today. Subject to deposit of the said amount by the Applicant, in the event of arrest, the Applicant shall be released on anticipatory bail on furnishing a personal 2 bond of Rs.50,000/- and a solvent surety in the like amount." 5 The learned Counsel for the applicant submits that his client is ready and willing to deposit the admitted amount of Rs.5,00,000/- in this Court as the applicant is disputing amount of Rs.7,50,000/- as has been mentioned in the said order. In my considered opinion this statement is clearly an afterthought of the applicant after enjoying pre-arrest bail for a considerable period. 6 Thus, it is clear that order dated 19.5.2015 was self-operative and failure on the part of the applicant to deposit the said amount, the anticipatory bail granted to the applicant has already come to an end. May that as it may, apart from the prima facie observations made in the order dated 19.5.2015 even on merits also the application has little merits. The minute perusal of the First Information Report and the documents of investigation, reveals that the applicant is perpetrator of the said crime and his custodial interrogation by the police is necessary for the purpose of further investigation. 7 In that view of the matter, I am not inclined to entertain the present Application and is accordingly dismissed. (A.S. GADKARI,J.) ABA.712-2015

Order - Status 5: (CRA 473 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.473 OF 2011 Smt.Champabai Maruti Garud since deceased through LRs. Daulatrao Maruti Garud ...Applicant Vs. Dilip Gorakhanath Dalvi ...Respondent ----- Mr.Rajesh More for Applicant ----- CORAM: V.M. KANADE J. DATED: 21st June, 2011 P.C. Issue notice before admission, returnable on 25th July, 2011. In the meantime, there shall be ad-interim relief in terms of prayer clause (c). Humdust permitted, private service permitted. (V.M. KANADE J.) 1

Order - Status 14: dik FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.473 OF 2011 Office Notes, Office Court's or Judge's orders Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Shri.Rajesh More, Advocate for Applicants. Shri.V.G.Peshave, for respondent. CORAM : A.S.OKA, J. DATE : 6th JANUARY, 2012. P.C. Heard learned counsel appearing for the parties. When this Court was inclined to issue Rule, learned counsel appearing for the respondent seeks time to take instructions on the issue whether the respondent is willing to produce witness Ramkrishna Darekar for crossexamination before Trial Court. Stand over till 25.1.2012. Adinterim relief granted earlier to continue till further order. [ A.S.OKA, J ]

Order - Status 16: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 473 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's Court's or Judge's orders orders or directions and Registrar's orders Mr. Rajesh More for the Applicants Mr. V.G. Peshave for the Respondent. CORAM : A.S.OKA, J. DATE : 25th January, 2012. P.C. Heard the learned counsel appearing for the applicants and the learned counsel appearing for the respondent. The order dated 6th January, 2012 needs clarification. It must be clarified that after hearing the learned counsel appearing for the parties, when this Court was inclined to issue Rule, this Court made a query as to whether the respondent was willing to produce the witness Ramkrishna Darekar for crossexamination. That is the reason why the learned counsel appearing for the respondent sought time to take instructions. To that extent, the earlier order stands clarified. The learned counsel appearing for the respondent states that the respondent has not given any instructions on the aforesaid aspect. Rule. Advocate for respondent waives service. Rule on interim relief is made returnable on 29th February, 2012. As a condition for grant of stay, the applicants will have to deposit a reasonable amount by way of compensation from the date of the decree passed by the Trial Court. The determination of the said amount shall be made at the time of hearing as to interim relief. There will be adinterim stay of decree for possession. [ A.S.OKA, J ]

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION 1 CIVIL REVISION APPLICATION NO. 473 OF 2011 Office Notes, Office Court's Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mr. Rajendra More for the Applicants. Mr. V.G. Peshave for respondent. CORAM : K.K.TATED,J. DATE : 14/03/2012. PC: 1 Heard the learned counsel for the parties. 2 In this Revision Application this court (Coram: A.S. Oka, J.) granted rule on 25th January, 2012. Today the matter is on board for confirmation of the stay and for determining the compensation payable by the Applicant - tenant to the Respondent – landlord. By consent the following order is passed: a) The Applicant undertakes to pay a sum of Rs.500/- by way of monthly compensation to the Respondent – landlord from 1st April, 2006 till the hearing and final disposal of the present Civil Revision Application. b) The Applicant undertakes to clear the arrears till March, 2012 within eight weeks from today. c) The Applicant also undertakes to pay monthly compensation of succeeding months on or before 10th day of each month to the Respondent – landlord. d) The Applicant to deposit arrears as well as subsequent compensation in the Small Causes Court at Pune. e) The Respondent is granted liberty to withdrawal of the said amount. f) Pending hearing and final disposal of the present Civil Revision Application interim relief in terms of prayer clause (c) which reads thus: "(c) Pending hearing and final disposal of this Civil Revision Application, this Hon'ble Court be pleased to stay the operation and implementation of the impugned judgment and decree dated 23/3/2011 passed by the learned District Judge No.9 at Pune in Civil Appeal No. 404 of 2006 and the judgment and decree dated 28/3/2006 passed by the learned Judge of Addl. Small Causes Court at Pune in Civil Suit No.272 of 2002." (K.K.TATED, J.) katkam

Order - Status 21: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A. NO.473 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 27/10/2016 None present Three weeks time (excluding Diwali Vacation) is granted to carry out amendment. sd/ REGISTRAR (JUDLII)

Order - Status 22: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A. NO. 473 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 06/12/2016 None present Three weeks time granted to carry out amendment. sd/ REGISTRAR (JUDLII)

Order - Status 23: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A. NO. 473 OF 2011 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : A.N. MARE REGISTRAR (JUDLII) Date : 10/01/2017 None present Amendment is not carried out. Matter to proceed to next stage. sd/ REGISTRAR (JUDLII)

Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 473 OF 2011 Smt. Champabai Maruti Garud (since deceased), CIVIL REVISION APPLICATION NO. 473 OF 2011 ••• Applicants. Smt. Champabai Maruti Garud (since deceased), through Shri Daulatrao Maruti Garud and Ors. … Applicants. ——— Mr. Soham Powar i/by Mr.Rajesh More, Advocate for the Applicants. ——— CORAM : SHARMILA U. DESHMUKH, J. DATE : DECEMBER 20, 2023. P. C.: Learned counsel appearing for the Applicants on instructions submits that the matter has been settled between the parties and seeks permission to withdraw the Petition. Petition is disposed of as withdrawn. (Sharmila U. Deshmukh, J.)

Order - Status 5: FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPLICATION NO.171 OF 2008 IN FAMILY COURT APPEAL (STAMP) NO.15932 OF 2008 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court's or Judge's orders. coram, appearances, Court's orders : or directions and Registrar's : orders. : ------------------------------------:----------------------------------- Mr.V.S.Kapse for the appellant. CORAM: B.H.MARLAPALLE & D.B.BHOSALE, JJ DATED: 15th July, 2008. P.C.: . Heard Mr.Kapse, learned counsel for the applicant-husband. Issue notice to the respondent-wife, returnable after ten weeks. In addition, to normal mode of service, Mr.Kapse is at liberty to issue advocate's notice to the respondent but under Registered Post A.D and shall also file affidavit of service on the next date. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.171 of 2008 In Family Court Appeal Stamp No.15932 of 2008 Mr.Vinay Applicant Prahaladrai Poddar Vs. Mrs.Rachana Respondent Vinay Poddar Mr.Abhijit V. Rane i/b. Mr.V.S. Kapse for applicant. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. September 23, 2008. P.C. .Heard Mr.Rane holding for Mr.Kapse, the learned counsel for the applicant - husband. The notice issued to the respondent - wife has been returned by the postal authorities with the remark "Refused" and the postal envelope is placed on record. .This is an application praying for condonation of delay caused in filing Family Court Appeal under Stamp No.15932 of 2008. .As per the office note the appeal is beyond time by 64 days and we are satisfied that the delay caused deserves to be condoned subject to payment of costs. .Hence the application is allowed in terms of prayer clause (a) subject to payment of costs quantified at Rs.500/- and to be remitted to the Maharashtra State Legal Services Authority within two weeks from today. .List the appeal for admission on 13th October (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)

Order - Status 5: APPELLATE SIDE CIVIL APPLICATION NO. 579 OF 2011 IN FIRST APPEAL (ST.) NO. 3907 OF 2011 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Indrajeet R. Kulkarni for the Applicant/ Appellant. CORAM : D.G. KARNIK, J. DATE : 28th FEBRUARY, 2011 P.C.: Issue notice to the respondents returnable at the end of ten weeks. Notice is issued subject to the condition that irrespective of the result of the application, the applicant/appellant shall be required to pay costs of the application to the respondents which are quantified at Rs. 5000/. In addition to the court's notice the applicant shall serve the respondents by a private notice and file affidavit of service within nine weeks. S.O. for 10 weeks. (D.G. KARNIK, J.)

Order - Status 9: CIVIL APPLICATION NO. 579 OF 2011 IN FIRST APPEAL (stamp) NO. 3907 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders Mr. Indrajeet R. Kulkarni for the Applicant. CORAM : A.S.OKA, J. DATE : 06th June, 2011. P.C. 1 Office remark shows that the cost amount of Rs. 5,000/ has not been deposited. The learned counsel appearing for the Applicant is unable to make a statement that the amount has been deposited. 2 Hence, in view of noncompliance with the order dated 28th February, 2011, the application stands dismissed for nonprosecution. 3 Civil Application No.580 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]

Order - Status 6: KVM Digitally signed by KANCHAN VINOD MAYEKAR Date: 2022.06.10 10:39:16 +0530 1/1 55 - WP 1645 OF 2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION 1645 OF 2013 ALONGWITH CIVIL APPLICATION 1804 OF 2018 IN WRIT PETITION 1645 OF 2013 Pandurang Laxman Karambalkar ….. Petitioner VERSUS Vasant Janaba Narvekar ….. Respondent Mr.Sushant A.Khatake, i/b. Mr.Prashant S.Bhavake for the Petitioner. Ms.Pramila S.Bhaingade, i/b. M.Janardhanan for the Respondent. CORAM : ROHIT B.DEO, J. DATE : 8TH JUNE, 2022 P.C:- It is common ground that the civil suit from which the petition emanates is disposed of and the petition is rendered infructuous. Writ petition is disposed of as infructuous. In view of disposal of the writ petition, civil application is also disposed of. [ROHIT B.DEO, J.] KANCHAN VINOD MAYEKAR

Order - Status 6: Shephali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL ST NO. 16008 OF 2014 The Board of Trustees of the Port of Bombay …Appellant Versus Madanlal Shah & Co & Anr …Respondents Mr UJ Makhija *, i/b Mulla & Mulla & Craigie Blunt & Caroe, for the Appellant.* Ms Naseem Sumnani *, for Respondent No. 2.* CORAM: G.S. PATEL, J DATED: 12th July 2017 PC:- 1. Admit. 2. The First Appeal will have to be allowed immediately. The Suit was of 1990. The Plaintiffs sought, by filing an application Exhibit-5, for an adjournment to find documents. The case itself was old and was taken to the City Civil Court from the Bombay High Court where it was originally filed upon a change in the limits of the pecuniary jurisdiction of Courts. The order said that the case was old. Sufficient chances had been given. The suit was dismissed. 3. This was unnecessary. An order of costs would have sufficed. A final opportunity could have been given, making it clear that in default the matter would be dismissed. None of this was done. 4. It is not possible to sustain the impugned order of 18th January 2014. It is set aside. Suit No. 109955 of 1990 (High Court Suit No. 2307 of 1990) is restored to file. 5. Mr Makhija on behalf of the original Plaintiffs states that the Plaintiffs will by 31st August 2017 file all their evidence and documents. They will not seek any adjournment. 6. The First Appeal is disposed of in these terms. There will be no order as to costs. (G. S. PATEL, J)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4746 OF 2005 Miss Neha Achrekar. ... ... Petitioner v/s. Directorate of Technical Education. ... Respondent Mr.Mihir Desai with Mr.R.A.Rodrigues and Mr.B.V.Phadnis for petitioner. Mr.S.R.Nargolkar, AGP for respondent. ----- CORAM : H.L. GOKHALE & SMT.R.S.DALVI, JJ. DATE : 20th July 2005 ORAL ORDER : (Per H.L.Gokhale, J.) Heard the learned Counsel for the parties. The petitioner herein is seeking an admission to the management course either for MBA or MMS for the academic year 2005-2006 though the examination under the State Government. She has appeared for the Central Entrance Test (CET) held by the State Government and has passed the CET. Her only problem is that though she claims to belong to an Other Backward Class (OBC), she did not have the Non-creamy layer certificate when she filled up the form. She has obtained it now and before the allotment of students to the colleges starts. That process is to be held tomorrow i.e. on 21st July 2005. Hence, urgency in the matter. -1- Considering the urgency of the matter, we issue Rule and make it returnable forthwith. Mr.Nargolkar, learned AGP, has fairly proceeded with the matter on instructions of one Mr.S.V. Kolla, Assistant Director (Technical), who is present in Court. He has opposed the reliefs in the petition without filing a reply. He has drawn our attention to the relevant rules in this behalf, which according to us, is sufficient by way of defence of the respondent. As stated above, the petitioner appeared for the CET held in February 2005. While filling the form, she did not have the Non-creamy layer certificate. The instructions contained in the rules for admission to this course are annexed at Exhibit-A to the petition. In the rule on confirmation of submission of application forms at Application Receipt Centre (ARC), it is provided as under:- "If the ARC officer finds that the supporting documents are not enough to claim for a valid candidature then the submitted application form will not be accepted for any further processing. " -2- The petitioner, therefore, formed an impression that since she did not have the Non-creamy layer certificate and if she applies in the O.B.C. category, her application will be rejected. She, therefore, filled up the form in the open category. It has so transpired that subsequently she did get the Non-creamy layer certificate on 15th June 2005. She did not have the caste certificate which was issued way back in the year 1994. As per the brochure of admissions in Annexure-4, it is provided in Clause-10 that confirmation of submission of online option forms of all types of candidates is permissible until 12th July 2005. The petitioner, therefore, gave a letter to the Authorities concerned on 12th July 2005 itself and produced her Non-Creamy Layer certificate and requested that her application be considered in the O.B.C. category. She was told orally that such an application would not be entertained. The petitioner's case is that if she claims through OBC, undoubtedly she has better chances of securing the admission. Mr.Desai, learned Counsel appearing for -3- the petitioner, submitted that when one reads the above-referred rule along with a subsequent Notification dated 4th July 2005, it will be clear that the approach of the respondent was too technical. He relied upon the subsequent Notification dated 4th July 2005 which provided as under:- " Those candidates who have submitted the application form in reserved category and were unable to submit the Non-creamy layer Certificate, Caste Certificate and hence converted to open category can submit the same at the time of confirmation of option form at ARCs for availing the benefits of reservation. " He submitted that this particular rule will have to be read to mean that those who have the documents in support showing the Non-creamy layer certificate status should be permitted to submit such documents at the time of confirmation of option which means up to 12th July 2005. Mr.Nargolkar, learned AGP appearing for the respondent, submitted that this relaxation of 4th July 2005 will apply to only those candidates -5 who have submitted the application forms in reserved category. It is only in case of such candidates who fail to give the Non-creamy layer certificates that they have been given this option to submit the same later-on until the confirmation of option. He further submitted that the petitioner has not stated in the application form that she belongs to the OBC and, therefore, now she cannot be permitted to produce the Non-creamy layer certificate. That facility could have been availed of only if she had applied originally for the OBC community. Mr.Desai countered his submission by pointing out that as per the rule which is included in the instructions to fill the form and which we have quoted earlier, if one did not have the necessary document at the relevant time, the application was liable to be rejected. It is in these circumstances that the petitioner had no option but to apply in open category. She has very fairly stated her position in her letter dated 12th July 2005. In his submission, a candidate like the petitioner herein should be entertained under the Notification of relaxation dated 4th July 2005. We have noted the submissions of both the Counsel. If a strict view is taken perhaps Mr.Nargolkar would be right in making the submission that he has made. However, while looking to this provision of relaxation, one has certainly to look to other instructions which are given while filling up the form. The petitioner herein honestly filled the form in the open category since she did not have the Non-creamy layer certificate at the relevant time. A fact that she had been issued the caste certificate way back in the year 1994 is clear from the record. It is not an after-thought. Only the Non-creamy layer certificate remained to be obtained and on obtaining the same, she approached the Authorities within the limitation i.e. up to 12th July 2005. No prejudice is being caused to anybody inasmuch as she does have the certificate and she is making the same available to the Authorities within the time limit. It is not the case that she is giving the certificate any time thereafter. In a matter like this, a highly technical and rigid attitude is not expected from the Authorities as held by the Apex Court in the case of Dolly Chhanda vs. Chairman, JEE & ors. reported in AIR 2004 S.C. 5043. In that matter, -6- the petitioner claimed an admission to a medical course on the footing that her father was in the armed forces and was a permanently disabled person. There was a slight delay in giving the relevant certificate. What the Apex Court observed in para-7 thereof is quite relevant. This para-7 reads as under:- " 7. The general rule is that while applying for any course of study or a post, a person must possess the eligibility qualification on the last date fixed for such purpose either in the admission brochure or in application form, as the case may be, unless there is an express provision to the country. There can be no relaxation in this regard i.e. in the matter of holding the requisite eligibility qualification by the date fixed. This has to be established by producing the necessary certificates, degrees or marksheets. Similarly, in order to avail of the benefit of reservation or weightage etc. necessary certificates have to be produced. These are documents in the nature of proof of holding of particular qualification or percentage of marks secured or entitlement for benefit of reservation. Depending upon the facts of a case, there can be some relaxation in the matter of submission of proof and it will not be proper to apply any rigid principle as it pertains in the domain of procedure. Every infraction of the rule relating to submission of proof need not necessarily result in rejection of candidature. " Thus, as stated by the Apex Court, one must have the qualification at the relevant time, though the proof in support thereof may, in some cases, be made available a little later. In the present case, the petitioner did have the original documents of belonging to the OBC community and she also has the Non-creamy layer certificate. Both these documents are being made available before the cut off date. Surely, this will be a case which will be stronger than the one which was before the Apex Court as referred to hereinabove. In the circumstances, we allow this petition and direct the respondent to treat the petitioner's case as belonging to the reserved category and her application will be considered -8- -9 when the options and colleges are decided i.e. on 21st July 2005. Rule is made absolute as above. (H.L. GOKHALE, J.) (SMT. R.S.DALVI, J.)

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO.7046 OF 2004 Khimjibhai Keshavji Patel, .. Petitioner Vs Jaswant Kumar Hassanand Bhatia & ors. Respondents Mr Rajiv Patil, for the petitioner. Mr P.D.gharge, for respondent no.1. Mr Uday Warunjikar, for respondent no.3. CORAM : D.B.BHOSALE,J. DATE : 4th November, 2004. PC: Heard the learned counsel for the parties. The petitioner has challenged the order dated 22.7.2004 by which the warrant of possession was issued in respect of shop no.16 in dispute in the suit. I am informed that the warrant of possession has already been executed and respondent no.3 has taken possession thereof. In view thereof, respondent no.3 has filed the undertaking stating that he will not create third party interest nor will part with possession of shop no.16 and that he will hand over vacant possession of the suit property to the decree holder within a period of 30 days from the date of decree subject to his right of appeal. Similarly respondent no.1 - Builder has also filed an undertaking stating that shop no. 6 which, according to him was allotted to respondent no.3, is still vacant and he will keep it vacant till the disposal of the suit. The undertakings given by respondent no.3 and respondent no.1 are taken on record and marked "X-I" and "X-II" for identification. The undertakings are accepted. Keeping that in view, in my opinion, I need not examine the merits of the case and the proper course would be to dispose of this petition with directions to the trial Court to dispose of the suit within timeframe. Hence, the following order. (i) The trial Court shall dispose of Spl.Civil Suit No.27 of 2004 as expeditiously as possible and preferably within a period of six months from today. (ii) The petitioner to communicate this order to the learned Judge within four weeks from today. (iii) The trial Court will decide the suit uninfluenced by the observations made in the orders passed at interlocutory stage. The writ petition is disposed of. . An authenticated copy of this order may be made available to the parties. (D.B.BHOSALE, J.)

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7046 OF 2004 Khimjibhai Keshavji Patel .. Petitioner Vs. Jaswant Kumar Hassanand Bhatia & Ors. ..Respondent None for the parties CORAM : S.U.KAMDAR, J DATED : 2ND DECEMBER, 2005 P.C.: . Time to dispose of the matter pending before the Civil Judge, S.D.Panvel, Dist; Raigad is extended by 4 months. Civil Judge, S.D.Panvel, Dist: Raigad is directed to ensure that the matter is disposed of within the said time.