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Bombay High CourtWP/2786/2017disposed off

Mr. Suhas Maruti Ubale v. The Divisional Controller

2017-03-03Hon'Ble Shri Justice K.K. Tated2 pages

pr4 wp2786-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2786 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Nitin A. Kulkarni for the petitioner Mr.G.K.S.Hegde for the respondent no.2 CORAM : K. K. TATED, J.

DATE : MARCH 3, 2017 P.C.:

Not on board. At the request of Advocate for the petitioner, matter is taken on board for urgent orders.

By this Petition under Article 226 and 227 of Constitution of India, the petitioner challenges the order dated 3.2.2017 passed by Industrial Court, Maharashtra at Pune in Revision Application (ULP) No.42 of 2013 in complaint (ULP) No.161 of 2003. The learned Counsel for the respondent pointed out that though the petition was filed before this court on 23.2.2017 challenging the order dated 3.2.2017 but the same was notarised before Notary on 23.1.2017 which is impossible. This shows that before passing impugned order by the Industrial Court, petition was notarised before Mohite 1/2

pr4 wp2786-17 Notary.

Considering these facts, following order is passed:

a) Registry is directed to issue notice to Anupama P. Joshi, Notary, Government of India, Pune City, Pune calling upon him explanation on what basis he has notarised the said petition on 23.1.2017 though the impugned order was passed subsequently.

b) Advocate for the petitioner is directed to provide full address of the Notary in the Registry on or before 7.3.2017.

c) Matter to appear on board on 17.3.2017.

5) At this stage, the learned Counsel for the petitioner seeks permission to withdraw the present Writ Petition with liberty to file afresh. To that effect, he has given in writing on Farad. Same is taken on record and marked "X" for its identification. Same is permitted.

6) Writ Petition stands disposed of as withdrawn. No order as to costs.

JUDGE Mohite 2/2