Shri. Ratnakar Manikrao Gutte v. Shri Madhusudan Manikrao Kendre And Others

1 APPLN-ST.13268/2016 IN EP 2/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION (STAMP) NO. 13268 OF 2016 IN ELECTION PETITION NO. 2 OF 2014 Ratnakar S/o Manikrao Gutte .. Petitioner Vs.

Madhusudan Manikrao Kendre and ors.

.. Respondents ---- Mr. V.J. Dixit, Sr. Advocate h/f Mr. S.B. Yawalkar, Advocate, Mr. M.V. Nagargoje, Advocate and Mr. S.V. Dixit, Advocates for the petitioner Mr. P.D. Bacahte, Advocate for respondent no.1 Mr. D.S. Bagul, Advocate for respondent no.3 Mr. D.Y. Nandedkar, Advocate for respondent no.10 Mr. S.S. Nagthane, Advocate for respondent nos.14 and 18 Mr. V.R. Thorat, Advocate for respondent no.15 ---- CORAM : M.T. JOSHI, J.

DATE : 20/04/2016 ORAL ORDER :

Heard.

2.

Application filed on behalf of respondent no.3 for setting aside the No W.S. order dated 25/02/2015 is accepted on record and marked as Exhibit-19.

3.

Notices of the present application were served on the present respondent no.3 on 06/12/2014.

2 APPLN-ST.13268/2016 IN EP 2/2014 4.

In paragraph no.8 of the present application, the ground for setting aside the order of filing of the proceeding without the Written Statement by this Court, is given as the respondent no.3 has not taken steps to file his appearance and has not engaged the Advocate and even the Advocate for respondent no.3 has not requested respondent no.3 to come at Aurangabad for swearing the written statement, the same could not be filed.

5.

None of the grounds raised is a good ground.

Further the application is not accompanied by any written statement and merely the prayer for setting aside the order is sought.

6.

The Application is therefore dismissed.

[M.T. JOSHI] JUDGE arp/