The President, Association Of Engineering Workers v. Mr. P. K. Kothari, The Chairman Cum Managing Direction The Rechardson And Cruddas (1972) Ltd.
18-can-70-2017 rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 70 OF 2017 IN CONTEMPT PETITION NO. 14 OF 2015 The President, ... Applicant Association of Engineering Workers vs.
Mr. P.K. Kothari, ... Respondents The Chairman cum ManagingDirection The Richardson & Cruddas & Ors.
..........
Mr. P. M. Palshikar i/b. Mahendra M. Agavekar for the Applicant. Mr. Dhawani Bokaria i/b. Puranand & Co. for Respondent no. 1 ..........
CORAM : A.K. MENON, J.
th JANUARY, 2018 DATE : 4 P. C.
1.
This Civil Application is taken out seeking restoration of the contempt petition which came to be dismissed vide order dated 21 th December, 2016. There is a delay of 19 days which is sought to be explained in paragraph 3 and 4. It appears that the earlier Advocate for the petitioner had withdrawn from the matter as reflected in the order dated 5 th December, 2016. On the adjourned date i.e. on st December, 2016 none remained present for the petitioner. Today, it is
18-can-70-2017 submitted that the petitioners could not remain present on 21 st December, 2016 on account of change of Advocates and time taken to appoint a new Advocate. 2.
This Civil Application is opposed on the basis that this is the second Civil Application is taken out for restoration. On an earlier occasion also this petition came to be dismissed on 14 th July, 2015. The same came to be restored on 25 th April, 2016 in Civil Application no. 42 of 2016. 3.
Having heard the Counsel, I am of the view that the application is liable to be allowed subject to payment of costs of Rs.1000/- to the Maharashtra State Legal Service Authority. Costs to be paid as condition precedent within a period of one week from today. If costs are not paid the petition shall be dismissed without reference to the Court.
4.
Civil Application is disposed of in the above terms. (A.K. MENON, J.)