ndm 1 nmw.445.09 w ors.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 445 OF 2009 IN WRIT PETITION NO. 1202 OF 2008 Vishwanath Dattatraya Borkar. ... PETITIONER Vs. The State of Maharashtra and ors. ... RESPONDENTS AND Kannamwar Nagar Nagarpalika Bhadekaru CHS Ltd. and anr. ... APPLICANTS -------------- Mr. Rajesh D. Bindra a/w Mr. Prasad Pathare, Advocate for the Petitioner. Mr.Vibhav Krishna a/w Mr. Reshant Shah i/b M/s. Juris Consillis for Applicants. Mr. Shekhar Ingarale, AGP for Respondent Nos.1 and 2. Mr. T.H. Puranik, Advocate for Respondent Nos. 3 and 4. -------------- WITH CONTEMPT PETITION (CIVIL) NO. 13 OF 2008 IN WRIT PETITION NO. 1295 OF 2007 Vishwanath Dattatraya Borkar. ... PETITIONER Vs. The State of Maharashtra and anr. ... RESPONDENTS -------------- ndm 2 nmw.445.09 w ors.sxw Mr. Rajesh D. Bindra a/w Mr. Prasad Pathare, Advocate for the Petitioner. Mr. T.H. Puranik, Advocate for Respondent No.2. -------------- WITH CONTEMPT PETITIO NO. 56 OF 2009 IN WRIT PETITION NO. 1202 OF 2008 -------------- Mr. Rajesh D. Bindra a/w Mr. Prasad Pathare, Advocate for the Petitioner. Mr. T.H. Puranik, Advocate for Respondent Nos. 2 and 3. -------------- CORAM : S.J. KATHAWALLA, J. DATE : 14 th October, 2009. P.C. 1 This notice of motion is taken out by the applicants for recalling and setting aside of the order passed by this Court dated 17 th September, 2009 in the above Writ Petition. The applicants have submitted that the petitioner in the Writ Petition have impugned the action on the part of the Municipal Corporation of approving the plans submitted by the Applicants and also obtained orders thereon without joining the applicants as parties to the Writ Petition. The learned Advocate ndm 3 nmw.445.09 w ors.sxw appearing for the petitioner is unable to explain why the applicant was not joined as party respondent to the petition though the petitioners have sought reliefs and actually obtained reliefs, which would prejudice the applicants. 2 In view thereof, notice of motion is made absolute in terms of prayer clause (c). The Writ Petition No. 1202 of 2008 is restored to file and adjourned to 16 th October, 2009 for admission. The same be placed High on board. 3 In view of this order, Contempt Petition No. 13 of 2008 and Contempt Petition No. 56 of 2009 also stands disposed of. [ S.J. KATHAWALLA, J ]