1 wp10404.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10404 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. D.B. Thoke, Advocate for the petitioner. Mrs. V.A. Shinde, A.G.P. for respondent nos.1 and 2. Mr. P.S. Gaikwad, advocate for respondent nos. 3 to 5. 1. Learned A.G.P. has fairly pointed out that as per records of the respondent no.2, notice of R.R.C. proceedings does not appears to have been served upon the petitioner. Mr. P. S. Gaikwad, learned counsel for respondent nos.3 to 5 is trying to demonstrate the service. However, in view of the affidavit of the respondent no.2 and the documents accompanying it, I am not inclined to consider the said argument. 2. The impugned R.R.C. dated 11th August, 2008 is therefore quashed and set aside. The petitioner is directed to appear before the respondent no.2 on 24th February, 2011 and abide by further instructions in the matter. Respondent no.2 shall attempt to decide the 2 wp10404.10 application of the respondent nos.3 to 5 for issuance of R.R.C. as early as possible and in any case by 30th April, 2010. 3. The Writ Petition is partly allowed. No costs. (B.P. DHARMADHIKARI) JUDGE. 18.02.2011 gas/wp10404.10