IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 173 OF 2009

IN

SUO MOTU WRIT PETITION NO. 2 OF 2006

MS. OLGA D'SOUZA

... Applicant

Mr. Amit Palekar, Advocate for the Applicants.

Ms. Norma Alvares, Advocate as Amicus Curiae.

Mr. M. Salkar, Addl. Government Advocate for the Respondent nos. 2

and 3.

Coram:- P. B. MAJMUDAR &

U. D. SALVI, JJ.

Date:-

18th February, 2009

P.C.

On 16.02.2009, this Court issued a non-bailable warrant for securing

the presence of the Sarpanch Mrs. Olga D' Souza, though in the Order, her

name is wrongly mentioned as D' Silva. A non-bailable warrant was also

issued against Mr. Vidhur Fadte. By filing this Misc. Civil Application, it

is submitted that because of lack of communication of the earlier Order,

that the Sarpanch and the Secretary could not remain present before this

Court on that day. It is submitted that even the amount of fine has been

paid as per the earlier Order of this Court. Under the circumstances, it is

prayed that the said Order may be recalled and the non-bailable warrant

may be cancelled.

2. After hearing the concerned Advocates, we are of the opinion, that

now when the Sarpanch and the Secretary both are present before us and

they have assured that they will remain present on the next date, the Order

passed by this Court on 16.02.2009 issuing non-bailable warrant is

recalled.

3. The learned Counsel for the applicants in this Misc. Civil Application

submitted that both of them will remain present on the next date of

hearing.

4. The Misc. Civil Application is accordingly allowed by recalling the

Order of non-bailable warrant. The order issuing non-bailable warrant is

accordingly not to be implemented and the same stands cancelled.

5. Misc. Civil Application is disposed off accordingly.

P. B. MAJMUDAR, J.

U. D. SALVI, J.

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