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Bombay High CourtCA/11868/2016disposed offdismissed for default

The Ashok Sahakari Sakhar Karkhana Ltd. And ANR v. Mumtajbi Sayyed Amin And ORS.

2017-11-24Hon'Ble Shri Justice K. K. Sonawane1 pages

1 954 CA-11868-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11868 OF 2016 IN FA/131/2002 THE ASHOK SAHAKARI SAKHAR KARKHANA LTD. AND ANOTHER

VERSUS

MUMTAJBI SAYYED AMIN AND OTHERS.

...

Advocate for Applicants : Mr. V. N. Upadhye.

...

CORAM : K.K. SONAWANE, J.

DATED : 24TH NOVEMBER, 2017.

Order :- Heard learned counsel for applicants.

2.

Perused the application. It reveals that the matter pertains to the compensation under workmen's compensation. The applicants are the original respondents No. 3 and 4. The learned Commissioner imposed the monetary liability on the applicants. But, due to the non-appearance of their counsel, the matter came to be dismissed.

3.

In view of nature of subject matter and the reasons mentioned in application, I do not find any impediment to extend one more opportunity to the applicant for substantial justice into the matter. Hence, civil application stands allowed in terms of prayer clause 'B'. The order of dismissal passed by this Court dated 24-022016 is hereby recalled. The proceedings of appeal stands restored at it's original stage. The Registry to take note about the same and do the needful for further process.

4.

Accordingly, civil application stands allowed and disposed of in above terms.

[ K. K. SONAWANE ] JUDGE rrd.