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Bombay High CourtWP/3643/2001disposed offdismissed for default

Municipal Corporation A'Bad Thr.Commissioner And ANR v. Fateh Mohammad Abdul Fatha And ORS

2017-05-11Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 914.wp.3643.01

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3643 OF 2001 MUNICIPAL CORPORATION AURANGABAD AND ANOTHER.

VERSUS

FATEH MOHAMMAD ABDUL FATHA AND OTHERS.

...

None for the parties.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 11th May, 2017 Per Court :

In the special sitting in vacation for taking up old pending matters, this petition was called out on 09.05.2017. None appeared for the parties. Even today, none appears for them. However, I find that this petition can be disposed of since the Petitioner has challenged the interlocutory order dated 25.04.2001 passed by the Industrial Court, Aurangabad below Application Exhibit U/2 in Complaint (ULP) No.5/2001.

By order dated 10.12.2001 passed by this Court, this petition was admitted and interim relief was not granted to the Petitioner.

*2* 914.wp.3643.01 Considering the above, this Writ Petition is disposed of as the Petitioner is without any interim relief for the last 16 years against the interlocutory order passed by the Industrial Court. Rule is discharged. Needless to state, the Industrial Court, Aurangabad shall decide Complaint (ULP) No.5/2001, if not already decided, on or before 28.02.2018. The observations of the Industrial Court in the interlocutory order dated 25.04.2001 are of prima facie nature and hence, the Industrial Court would decide the pending complaint, if not already decided, on it's own merits.

kps (RAVINDRA V. GHUGE, J.)