National Highways Authority Of India Through Ajay P Gadekar v. Abhay Madhukarrao Naik And Others

1 921-CA-13108-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13108 OF 2019 IN REVIEW APPLICATION ST.NO. 32523 OF 2019 IN WRIT PETITION NO. 12042 OF 2018 National Highways Authority of India, Through Shri Ajay P. Gadekar ...Applicant

Versus

Abhay Madhukar Naik and Ors.

...Respondents

Mr D.S. Manorkar, Advocate for Applicant Smt V.S. Chaudhary, AGP for Respondents-State Mr N.K. Tungar, Advocate for Respondent No. 1 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 7th FEBRUARY, 2020 PER COURT :

1.

Heard Mr Manorkar, the learned Counsel for the applicant and Mr Tungar, the learned Counsel for respondent No. 1.

2.

The learned Counsel for respondent No. 1 opposes the application on the ground that present applicant was having knowledge of the order passed by this Court. Even notice was issued by the Arbitrator to the Project Director on 3rd April, 2019 and on 19th March, 2019, the writ was sent by this Court.

2 921-CA-13108-2019 3.

According to the applicant, the Counsel for the Union of India wrongly waived the service of notice on behalf of the present applicant. The applicant was not efectively represented. The present civil application is fled in the month of October, 2019.

4.

Considering the aforesaid reasons given, the civil application is allowed in terms of prayer clause (B). The delay in fling the review petition is condoned.

5.

The civil application is disposed of.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta