Standard Shipping Agency v. State Of Maharashtra Thou Government Pleaderand ANR

P.H. Jayani 03 WP9897.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9897 OF 2022 Standard Shipping Agency, Belapur .... Petitioner v/s.

The State of Maharashtra and anr.

.... Respondents Mr. Rajeev Ravi for the Petitioner.

Mr. P.P. Pujari, AGP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th DECEMBER, 2022.

P. C. :- .

The Petitioner herein has challenged the order dated 09/06/2022 passed in Reference (IDA) No.2 of 2018 whereby the Presiding Officer, First Labour Court, Mumbai, dismissed the application for judgment on admission, under Order 12, Rule 6 of the CPC. 2.

The Respondent - Workman has filed proceedings for reinstatement. The evidence of the Respondent -Workman has been recorded and the matter was posted for evidence of Party No.1 (Petitioner herein). Referring to some statements made in the crossexamination, the Petitioner filed an Application for judgment on admission.

1/2

P.H. Jayani 03 WP9897.2022.doc 3.

Suffice it to say, judgment on admission cannot be passed on the basis of stray statements elicited in cross-examination. These admissions have to be read as a whole in harmonious manner with other evidence. I do not find any merit in the petition. Hence, the Petition is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI by PREETI H JAYANI Date: 2022.12.13 14:23:03 +0530 2/2