Bombay High CourtWP/1996/2019disposed off

Smt. Savita W/O Udayabhan Chachada Thr.Poa Udaybhan S/O Ramlal Chachada v. M/S. Ashokkumar And Brothers. A Artnership Firm, Nagpur And Others

2021-09-24Hon'Ble Shri Justice Avinash G. Gharote2 pages

wp1996.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1996/2019 Savita Udaybhan Chachada ...Versus...

M/s. Ashokkumar and Brothers and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri R.M.Sharma, Advocate for the petitioners. CORAM : AVINASH G. GHAROTE, J.

DATE : 24/09/2021 Heard Mr. Sharma, learned counsel for the petitioner. None for the respondent though served. The limited issue is whether a review application ought to be heard by the same Presiding Officer or whether it should be listed as per the nomenclature of the Court. The very purpose of listing a review application before the same Court, by which it is meant the Presiding Officer, is to enable the person who passed the order to consider the plea which is raised for review of the said order. This obviously does not have anything to do with the designation of the Court. In the instant matter, since a statement is made at bar that the Presiding Officer is no

wp1996.19.odt longer presiding over the Court of District Judge-9, Nagpur, nor is presently stationed at Nagpur, the question of any particular Court hearing the review application becomes immaterial. In that view of the matter, the order dated 17.7.2018 is hereby quashed and set aside.

In view of what has been stated above, no order is required to be passed in respect of the order dated 27.2.2019 passed in CMA No. 594/2018.

The petition stands disposed of. No costs.

JUDGE rvjalit