Rashad M. Shaikh v. Loyola Primary School And ORS

Rane * 1/2 * RPW-26-2015.doc (sr. no.1) Tuesday,28.7.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 26 OF 2015 IN CIVIL APPLICATION NO. 1857 OF 2014 (FOR INTERVENING & DISMISSAL OF) IN WRIT PETITION NO. 2973 OF 2011 Rashad M. Shaikh ) Adult, Muslim, Indian Inhabitant ) aged about 40 years, residing at ) 1715, R.S. Kedari Road ) Pune-411 001.

) .....Petitioner/ (Original Intervenor) : V/S :

1) Loyola Primary School, ) Pashan Road, Pune-411 008. ) .....Respondent(original Petitioners in WP) 2). Assistant Provident Fund ) Commissioner, Regional Office ) Pune Cantonment Board Building ) Golibar Maidan ) Pune-411 001.

) 3). Recovery Officer, ) Regional Office, Pune Cantonment ) Board Building, Golibar Maidan, ) Pune-411 001.

) .....Respondents (Original Respondents in WP) * * * * * Mr. Sandeep Jalan, Advocate for the petitioner.

Rane * 2/2 * RPW-26-2015.doc (sr. no.1) Tuesday,28.7.2015 * * * * * * Coram :- Coram :- Smt. R.P. SondurBaldota, J.

Smt. R.P. SondurBaldota, J.

28th th July, 2015.

July, 2015.

P.C. :- P.C. :- 1).

This petition seeks review of the order dated 8th October, 2014 by which the petitioner's Civil Application for impleading himself as a party respondent to the petition was dismissed. The order under review holds that, the petitioner is not a necessary party to the petition. Mr. Jalan, the learned Advocate appearing for the petitioner, seeks to submit that, if not a necessary party, the petitioner would be a proper party because it was at his instance that the proceedings had been initiated before the Assistant Provident Fund Commissioner. The submission advanced is more in the nature of challenge to the order. There is no case made out for review of the order. It is clear that the Review Petition filed is nothing but an abuse of process of law. Hence, the Review Petition is dismissed.

(SMT. R.P. SONDURBALDOTA, J) (SMT. R.P. SONDURBALDOTA, J)