bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.29 OF 2010 IN WRIT PETITION NO.497 OF 1996 All India Insurance Employees Association & Anr. ..Petitioners Vs. Union of India & Ors. ..Respondents Ms.S.M.Dange for petitioners. Mr.B.M.Chatterjee for respondent No.1. Mr.O.Mohandasi i/b. Little & Co. for respondent LIC. CORAM :- V.C.DAGA & K.K.TATED,JJ. DATE : 12TH MARCH,2010 P.C. 1. Heard. Perused Notice of Motion. Having gone through the the entire record, we find that the petition was admitted on 18th March, 1996 and interim relief making it operative w.e.f. 1st April, 1996 was granted. By an order dated 25th August, 2000, the petition was dismissed by the Prothonotary and Senior Master for non filing of second set of the writ petition as ordered. 2. Petitioner, noticing dismissal of the petition, had taken out a Notice of Motion No.663/2005 for restoration, which was allowed in terms of Minutes of Order dated 13th January, 2006 without revival of interim order. That is how the petition was restored and no interim relief was made operative. 3. This petition, again came up for hearing before this Court on 23rd January, 2006. That time, this Court was pleased to pass an order giving liberty to the petitioner to take out a separate Notice of Motion to seek interim relief. It was, thus, made clear vide order dated 23rd January, 2006 that petition was restored without interim order. The petitioners, thereafter taken out another Notice of Motion No.46 of 2006 with following prayer: “Interim order dated 18th March, 1996 granted by His Lordship Hon’ble Mr.Justice M.L.Dudhat in W.P.497 of 1996 be revived and continued till hearing and final disposal of this petition.” 4. The aforesaid Notice of Motion had come up for consideration before the Division Bench of this court on 17th February, 2006. The Division Bench was pleased to pass an order reading as under: “Post this Notice of Motion along with Writ Petition in the week commencing from 17th April, 2006.” 5. The aforesaid order would show that no interim relief as claimed pursuant to prayer clause (a) was granted. No order directing revival of the interim order dated 18th March, 1996 passed by His Lordship Mr.Justice M.L.Dudhat (as he then was) was granted. Thereafter, the said Notice of Motion is pending for consideration till date, but no interim order was obtained by the petitioner on the said Motion. We could not find any order in the entire record restoring interim relief in favour of the petitioners. 6. On being asked, even the learned Counsel for the petitioner could not point out any interim relief operating in favour of the petitioner after restoration of the petition vide order dated 13th January, 2006. 7. In the aforesaid view of the matter, since interim order dated 18th March, 1996 having died its own death, the relief claimed by the LIC in Notice of Motion No.29 of 2010 cannot be granted. To that extent, the Notice of Motion moved by the LIC stands rejected. 8. It is hereby declared that in this petition, there is no interim relief operating in favour of the petitioner in any form. (K.K.TATED,J.) (V.C.DAGA,J.)