M/S Skoda Auto Volkswagen India Pvt. Ltd. v. State Of Maharashtra And ORS

903-WP-1542-2023 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1542 OF 2023 M/s. Skoda Auto Volkswagen India Pvt. Ltd.

.. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents Mr. Kiran Bapat, Senior Advocate i/by Mr. A. H. Fatangare for petitioner.

Mrs. R. A. Salunkhe, AGP for State.

Ms. Neeta P. Karnik a/w Ms. Rushali Kshirsagar for respondent nos.4 to 12, 15 and 16.

Digitally signed by PRAVIN DASHARATH PANDIT Date:

2023.04.27 10:56:27 +0530 PRAVIN DASHARATH PANDIT CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.

DATE:

APRIL 26, 2023 P.C.:

1.

We have heard the learned senior advocate for the petitioner and the learned counsel for the respondents. The petitioner has challenged the order of Reference made by respondent no.2. The learned senior advocate for the petitioner submits that the petitioner had filed say and had brought to the notice that the respondents herein are "Trainees". The judgment of this Court was also referred to, but under wrong premise of petitioner's absence, orders in Reference are passed.

2.

Learned counsel for the respondents submits that the reference is already made and the authority where the reference is expected to consider all the aspects on merits.

903-WP-1542-2023 That the petitioner on its own volition did not remain present. No error has been committed while passing order. 3.

We have perused the order. In the order, it is observed that the petitioner remained absent. However, it appears on 15 October 2020 the say was filed by the petitioner referring to the judgment of this Court and that earlier reference filed by one Mr. Nilesh Sapkal was rejected.

4.

In view of the fact that say filed by the petitioner has not been considered and that the petitioner was shown as absent, we are not considering the matter on merits. We are inclined to grant one more opportunity to the petitioner in view of which the impugned orders of Reference are set aside. 5.

The petitioner and respondents shall appear before respondent no.2 on 3rd May, 2023. In view of the fact that date for appearance is given, it will not be necessary for the authority to issue fresh notice to the parties. 6.

The authorities shall after considering the stand of the petitioner and respondents herein taken a fresh decision on its own merits and in accordance with law.

7.

The writ petition is accordingly disposed of. No costs. (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)