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Bombay High CourtCA/2948/2010disposed offdismissed for default

National Education Society Sillod And ANR v. Mohammed Shakil Ahmed Mohammad Abdul Shukoor And ANR

2015-06-19Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2948 OF 2010 IN LETTERS PATENT APPEAL ST.NO.5578 OF 2010 IN CIVIL APPLICATION NO.11896 OF 2009 IN WRIT PETITION NO.5244 OF 2008 National Educational Society, Sillod & another Applicants

Versus

Mohammed Shaikh Ahmed s/o Mohammed Abdul Shakoor and another Respondents Mr.S.G.Rudrawar, advocate for applicants.

Mr.R.S.Deshmukh, advocate for Respondent No.1. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 19th June, 2015 PER COURT:

None appears for applicants. However, considering the contentions raised in the application, application deserves to be allowed and same is accordingly allowed. Delay of 5 days occurred in presenting the appeal stands condoned.

Civil Application is disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca294810

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD LETTERS PATENT APPEAL ST.NO.5578 OF 2010 IN CIVIL APPLICATION NO.11896 OF 2009 IN WRIT PETITION NO.5244 OF 2008 National Educational Society, Sillod & another Appellants

Versus

Mohammed Shaikh Ahmed s/o Mohammed Abdul Shakoor and another Respondents Mr.S.G.Rudrawar, advocate for applicants.

Mr.R.S.Deshmukh, advocate for Respondent No.1. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 19th June, 2015 PER COURT:

None appears for appellants.

Perused the order dated 21.01.2010, passed by the learned Single Judge in Civil Application No.11896 of 2009 in Writ Petition No.5244 of 2008. The learned Single Judge has granted interim relief in favour of the appellant-Management on condition of deposit of 50% of back wages in the Court within a period of six weeks.

It is observed that the Respondent-employee has joined his services since 19.07.2002. Since the date of passing of the order, there was no interim stay to the operation of the said order. Considering interlocutory nature of the order, we do not deem it

{3} proper to cause interference in the order passed by the learned Single Judge. Letters Patent Appeal is devoid of substance. Letters Patent Appeal stands dismissed. Pending Civil Applications, if any, do not survive and stand disposed of. P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca294810