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2017 Supreme(Bom) 1422

RAVINDRA V.GHUGE
Shaikh Chand – Appellant
Versus
Zaitunbee – Respondent


Advocate Appeared:
For the Petitioners:P.R. Katneshwarkar h/f Mohammad Waseemullah, Advocates
For the Respondent:S.V. Adwant a/w Neha B. Kamble, Advocates

JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioners are aggrieved by the order dated 04.07.2015 by which MARJI No.527/2012 filed by the Petitioners seeking restoration of Regular Darkhast No.119/1997 has been rejected.

3. I have considered the strenuous submissions of the learned Advocates for the respective sides.

4. The Petitioners rely upon the following judgments:

(a) Maharashtra State Electricity Board vs. Niranjan Alloys Steels Private Limited, Aurangabad, 2007 (2) Mh.L.J. 229.

(b) Smt.Suglabai w/o Prabhu Jaishete and another vs. Rangrao s/o Govindrao (since dead through his L.Rs.) and others, 2011 (1) AIR Bom. R 858 : 2011(6) Bom.C.R. 403 : 2011(1) All.M.R. 858.

5. The Respondents rely upon the following judgments:

(a) Damodaran Pillai and others vs. South Indian Bank, AIR 2005 SC 3460.

(b) Mhatarba Laxman Dongare vs. Central Bank Of India and others, 2005(2) ALL MR 742.

(c) Dattatraya Raghunath Jog vs. Radhabai Laxmanrao Ghate, 2007 (3) Mh.L.J. 425.

(d) Mahabir Sah vs. Bibi Jubeda Khatoon and others, AIR 2011 Patna 35.

6. After considering the submissions of the learned Advocates and upon going through the judgments cit























































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