Maharashtra State Financial Corporation Through Authorized Officer v. Deshmukh Diesel Enterprises And Others

aaa 1 WP 12557.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 WRIT PETITION NO. 12557 OF 2018 MAHARASHTRA STATE FINANCIAL CORPORATION THROUGH AUTHORIZED OFFICER

VERSUS

DESHMUKH DIESEL ENTERPRISES AND OTHERS ...

Advocate for Petitioner : Mr Dodya S.G.

...

CORAM : N.M. JAMDAR, J.

Dated: November 24, 2018 ...

ORAL ORDER :- Te petitioner has challenged the order passed by the learned District Judge, Nanded, dismissing the Civil Misc. Application no.198 of 2013. Te impugned order records that the petitioner, his advocate were absent, the petitioner was remaining consistently absent, and the learned Judge observing thus dismissed the petition. Te reading of the impugned order clearly shows that petition is dismissed for non-prosecution primarily on the ground that the petitioner and his advocate did not remain present. Te explanation, if any, that the petitioner had for not filing the affidavit-

aaa 2 WP 12557.2018 of-evidence therefore could not be placed before the learned District Judge. Te petitioner has directly approached this Court in writ petition against this order. Te petitioner will first apply to the learned District Judge, tender an apology for not remaining present, and seek recall of the order. If such an application is made, the learned District Judge will consider it on its own merits. With these observations, writ petition is disposed of.

( N.M. JAMDAR, J. ) ...