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Bombay High CourtCA/5171/2018disposed offdismissed for default

Peoples Education Society Through Dy Chairman Ashok G Talwatkar v. Trimbak Ashroba Kadam And Others

2018-04-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 ca 5171.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5171 OF 2018 IN WRIT PETITION NO. 9205 OF 2017 Peoples Education Society through Dy. Chairman Ashok G. Talwatkar .. Applicant

Versus

Trimbak Ashroba Kadam and others .. Respondents Shri V. D. Salunke, Advocate for the Applicant. Shri A. N. Nagargoje, Advocate for the Respondent No. 1. Shri P. G. Borade, A.G.P. for Respondent Nos. 2 and 3. Shri N. S. Kadam, Advocate for the Respondent No. 4. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 20TH APRIL, 2018.

FINAL ORDER :

.

The learned counsel for the applicant submits that, the order was passed on 21st February, 2018. Thereafter motion was made for speaking to minutes and this Court on 06th March, 2018 had substituted the word incharge principal in place of lecturer in line No. 2 of para No. 2 of the order dated 21.02.2018. 2.

Mr. Salunke, the learned counsel for the applicant submits that, the non applicant No. 1/Trimbak Kadam (writ petitioner)

2 ca 5171.18 was working as lecturer and not as incharge principal and on the basis of order passed on 06th March, 2018 is taking an undue advantage of it and dislodging the person who was working as an incharge principal.

3.

Mr. Nagargoje, the learned counsel submits that, at the relevant time non applicant No. 1/Trimbak Kadam (original writ petitioner) was working as incharge principal. 4.

Under order dated 06th March, 2018 we have specifically observed that, the same was the argument of the petitioner and line No. 2 of para No. 2 of the order dated 21.02.208 only refers to the argument of the counsel for the petitioner. 5.

In the order dated 21.02.2018 or 06.03.2018, we have not given any finding that the non applicant No. 1/Trimbak Kadam (original writ petitioner) was working as incharge principal or otherwise. With this clarification the civil application stands disposed of.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/April 18