The Maharashtra Electricity Distribution Company Ltd Through Its Superintending Engineer Dhule v. M/S Bharati Shipyard Ltd Through P K Govindan Nair

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5273 OF 2017 (The Maharashtra Electricity Distribution Co.Ltd., Vs. M/s Bharati Shipyard Ltd.,) WITH WRIT PETITION NO.5274 of 2017 (The Maharashtra Electricity Distribution Co.Ltd., Vs.M/s REIAgro Limited) Mr.S.M.Godsay, learned counsel for the petitioner. ( CORAM : M.S.Sanklecha, J.) DATE : 24/04/2017 PER COURT :

1.

These 2 petitions challenge two independent orders dated 11/04/2017 passed by the Joint Civil Judge, S.D. Dhule in RCS No.109/2010 and 110/2010 respectively. By the 2 impugned orders, the petitioner's applications under Section 151 of the Civil Procedure Code for consolidating the suits bearing Nos. 109/2010, 110/2010 and 130/2009 for common hearing were rejected on identical grounds. Therefore, this common order.

2.

The impugned orders rejected the applications in both the suits for consolidation inter-alia on the ground that the subject matters and the parties to the suits are different. Mr.Godsay, learned counsel appearing for the petitioners sought to contend that the issues khs/APR.2017/5273

arising on merits are essentially similar in all the 3 proceedings and therefore the Trial Court ought to have allowed the consolidation application of the petitioner.

3.

The impugned orders have taken a possible view in the context the facts before it. It is not a view, which can be said to be perverse or leading to manifest injustice or a case of non-exercise of jurisdiction. Therefore, there is no occasion to exercise jurisdiction u/s 227 of the Constitution of India.

4.

Accordingly, both the petitions are dismissed. No order as to costs.

( M.S.Sanklecha, J.) khs/APR.2017/5273