Chandu Annabhau Waghmare v. Paras Agro Engineering Works Thr Its Managing Partner Shri Sampatlal Nensukh Bothra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.3533 OF 2022 IN WRIT PETITION NO.6448 OF 2008 CHANDU ANNABHAU WAGHMARE

VERSUS

PARAS AGRO ENGINEERING WORKS, AHMEDNAGAR.

...

Mr P. L. Shahane, Advocate for applicant;

Mr V. N. Upadhye, Advocate for respondent WITH CIVIL APPLICATION NO.3842 OF 2022 IN WRIT PETITION NO.7573 OF 2008 PARAS AGRO ENGINEERING WORKS, AHMEDNAGAR.

VERSUS

CHANDU ANNABHAU WAGHMARE ...

Mr V. N. Upadhye, Advocate for applicant Mr P. L. Shahane, Advocate for applicant CORAM : RAVINDRA V. GHUGE, J DATE : 16th March, 2022 PER COURT:

1.

The first Civil Application No.3533/2022 is allowed and Writ Petition No.6448/2008 is listed for final hearing on 24/03/2022. 2.

Civil Application No.3842/2022 is filed by the Management since it's Writ Petition No.7573/2008, challenging the same Judgments of the Labour Court and the Industrial Court, has been dismissed on 07/08/2009. There is a delay of 4376 days, caused in filing this civil

(2) application. The original writ petition paper book has been destroyed after the prescribed period.

3.

Since Writ Petition No.6448/2008 filed by the original complainant is connected with Writ Petition No.7573/2008, filed by the Management, the delay can be condoned by imposition of heavy costs and the petition can be taken up for final hearing by restoring it. 4.

It is informed by the learned Advocate for the Management that an amount of Rs.1,00,000/- has been deposited in this Court. As such, by imposing costs of Rs.25,000/- (Rs. Twenty Five Thousand), out of which, learned Advocate Shri. Shahane graciously agrees to donate Rs.5,000/- (Rs. Five Thousand) to the Advocate's Association of Bombay High Court, at Aurangabad, this civil application is allowed. The delay is condoned.

5.

Writ Petition No.7573/2008 shall stand restored on the condition that the learned Advocate for the Management shall immediately prepare a spare petition paper (photostat) book and supply it to the Registry of this Court and one copy be supplied to the learned Advocate Shri. Shahane, who is yet to serve with such copies. 6.

With the compliance of the aforesaid directions, both the writ petitions be listed for final hearing on 24/03/2022.

(3) 7.

In view of the above, the Registry of this Court shall transmit an amount of Rs. 5,000/- to the Advocate's Association of Bombay High Court, at Aurangabad and the employee, namely, Chandu Annabhau Waghmare is allowed to withdraw Rs.20,000/- towards costs, without condition, under identification of the learned Advocate.

(RAVINDRA V. GHUGE, J.) sjk