1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 219 OF 2010 IN PUBLIC INTEREST LITIGATION NO. 97 OF 2009 Shoaib alias Richie Sequeira ...Petitioner Versus Union of India & Ors. ...Respondents The petitioner, in person, present Mr. A.M. Sethna for Respondent No. 1 Mr. Dhiraj Humranwala i/by Mr. Mahernush Humranwala for Respondent No. 2 Mr. P.A. Saratkar i/by M/s. S.S.P. Legal for Respondent No. 11 Mr. S.N. Acharya for Respondent No. 16 Mr. Satish Raut i/by M/s. Consulta Juris for Respondent No. 17 Mrs. M.R. Patel for Respondent No. 20 Ms. Aarti Khandilkar i/by M/s. Bhave & Co. for Respondents No. 21 to 26. CORAM: F.I. REBELLO AND R.V. MORE, JJ. DATE: JUNE 16, 2010 2 P.C.:- This is a Motion for recalling the order dated 7th April, 2010. 2. According to the petitioner, the matter pending in the Supreme Court in the matter of common cause is different from what was in issue before this Court. 3. Earlier, while disposing of the petition, we had noted two aspects: one, that the petitioner had filed earlier petition, and withdrawn it without leave. In those circumstances, we had held that the second petition on the same cause of action would not be maintainable. 4. Secondly, we had noted the arguments advanced on behalf of the respondents that a similar matter is pending in the matter of common cause. In that context, we had observed that it would be open to the petitioner, if advised, to move the Supreme Court. 3 5. The contention of the petitioner-applicant herein is that after examining the record of the Supreme Court, he finds that the issue of the matter of common cause is different, and as such, the question of intervention wold not arise. 6. Be that as it may, we have dismissed the petition not on that ground, but on the ground that in earlier petition, PIL No. 17 of 2009, which was disposed of by order dated 2nd April, 2009, no liberty was granted to the petitioner herein. In the light of that, Motion is dismissed. (F.I. REBELLO, J.) (R.V. MORE, J.)