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Bombay High CourtCA/3134/2017disposed offdismissed for default

The Ahmednagar Merchants Co Op Bank Ltd. Ahmednagar Through Suresh Hiralal Katariya v. Gangaram Nathu Satpute

2016-08-09Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 929.ca.st.25055.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION (STAMP) NO.25055 OF 2016 IN WRIT PETITION NO.7124 OF 2008 THE AHMEDNAGAR MERCHANTS' COOPERATIVE BANK LTD. -VERSUSGANGARAM NATHU SATPUTE.

...

Advocate for Applicant : Shri D.V.Changede.

Advocate for Respondent/ Worker : Shri Nitin R. Bhavar. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 09th August, 2016 Per Court:

The learned Advocate for the Applicant submits that Writ Petition No.7294/2008 filed by the Employee challenging the judgment and order dated 30.06.2008 is posted for final hearing today. The Writ Petition filed by the Management / Applicant bearing Writ Petition No.7124/2008 was dismissed in default on account of non removal of office objections. By this Civil Application, it is prayed that the petition of the Management be restored and the same be also taken up for adjudication along with the petition of the Employee. The learned Advocate for the Employee opposes the

*2* 929.ca.st.25055.16 application.

Since the same judgment of the Industrial Court dated 30.06.2008 is subject matter of Writ Petition No.7294/2008, I do not find that any prejudice would be caused to the Employee if the Writ Petition of the Management challenging the same judgment, is restored. As such, this Civil Application is allowed. Writ Petition No.7124/2008 stands restored subject to costs of Rs.5000/- to be deposited within a period of ONE WEEK from today. The learned Advocate for the Employee submits that the said amount be donated to the High Court Bar Association Library, Bench at Aurangabad. Order accordingly.

The learned Advocate for the Management makes a request that Writ Petition No.7124/2008 be heard along with Writ Petition No.7294/2008 today. The request is accepted.

kps (RAVINDRA V. GHUGE, J.)