Asha Subhash Korale v. Union Of India And Others

917wp3386.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO. 3386 OF 2022 ASHA SUBHASH KORALE

VERSUS

UNION OF INDIA AND OTHERS ...

Advocate for the Petitioner : Mr. Vivekanand V. Ingale Standing Counsel for Respondent Nos. 1 & 3 U.O.I.: Mr. Ravi R. Bangar h/f Mr. Ajay G. Talhar Advocate for Respondent No. 2 : Ms. Muskan Pahade h/f Mr. Sagar S. Ladda (Through V.C.) ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 02.12.2025 PER COURT :

1.

Heard Mr. Vivekanand V. Ingale, learned Counsels for the Petitioner, Mr. Ravi R. Bangar h/f Mr. Ajay G. Talhar, learned Standing Counsel for Respondent Nos. 1 & 3 and Ms. Muskan Pahade h/f Mr. Sagar S. Ladda (Through V.C.), learned Counsel for Respondent No. 2. 2.

Petitioner challenges the order dated 31.01.2018 passed below Exh. 1 by the Adhoc District Judge-1, Omerga, District Osmanabad, whereby, the Arbitration Appeal filed by the petitioner came to be rejected.

3.

The learned Adhoc District Judge-1, Omerga, while rejecting the appeal observed that earlier the office objection of insufficient Court fee stamp was raised but despite of giving sufficient opportunity, the petitioner failed to remove the said objection by supplying the requisite

917wp3386.22 stamp papers.

4.

Respondent No. 2 vehemently opposed the Writ Petition on the ground that there was specific office objection of insufficient stamp fee and time was also granted to the petitioner to remove the said office objection, but despite that, petitioner failed to remove the said objection. She further submits that though the order was passed in the year 2018, the present petition was filed in the year 2022. 5.

I have gone through the submissions advanced by both the learned Counsels. As this matter was not decided on merit and the appeal came to be dismissed only on the ground of failure to remove office objection, in my opinion, the order needs to be quashed and set aside by giving one more opportunity to the petitioner to remove the said objection within specified period.

6.

In view thereof, the petition is partly allowed. 7.

The order dated 31.01.2018 passed below Exh. 1 by the Adhoc District Judge-1, Omerga, District Osmanabad is quashed and set aside subject to cost of Rs. 10,000/- (Rs. Ten Thousand Only) to be paid to the High Court Bar Library, Aurangabad. Cost to be deposited within a period of two weeks from today.

(SIDDHESHWAR S. THOMBRE, J.) mahajansb/