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Bombay High CourtCAO/1196/2016dispossed offdismiss for default

Balaji Digambarrao Kotgire v. Enquiring Auth. Chief Manager Disciplinary Action Dept. Oriental Bank Of Commerce And ORS

2016-07-25Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO.1186 OF 2016 IN MISC. CIVIL APPLICATION NO.638 OF 2014 IN WRIT PETITION NO.3779 OF 2012 Balajee Digambarrao Kotgire ..vs..

The Disciplinary Authority, Assistant General Manager, Orient Bank of Commerce, Plot No.5, Sector No.32, Institutional Area, Gurgaon, (Haryana State) and CIVIL APPLICATION (CAO) NO.1196 OPF 2016 IN CIVIL APPLICATION (CAW) NO.459 OF 2012 IN WRIT PETITION NO.2863 OF 2007 (D) Balajee Digambarrao Kotgire ..vs..

The Enquiring Authority and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders .......................................................................................................................................................

CORAM

: B.P. DHARMADHIKARI & KUM. INDIRA K. JAIN, JJ.

DATED : JULY 25, 2016.

Heard.

The applicant-petitioner is in person along with his learned counsel Shri Chauhan. Learned counsel Shri Chauhan informs that he has proper discussion with the applicant-petitioner and the applicant-petitioner has instructed him to withdraw both these applications. Accordingly, affidavit sworn by .....2/-

the applicant-petitioner has been presented to the Court.

Learned counsel Shri Chauhan submits that after orders of this Court dated 12.10.2015 in Contempt Petition No.224 of 2014, the applicant-petitioner learnt that the disciplinary authority has passed orders on 21.6.2014. He has still not received copy thereof. Learned counsel Shri Chauhan, therefore, seeks a direction to the disciplinary authority to supply the copy.

Learned counsel Shri Anand Parchure appearing for the disciplinary authority is seeking time to obtain instructions. He, however, states that the copy of that order must have been already sent to the applicant-petitioner.

Learned counsel Shri Anand Parchure without prejudice states that if the applicant-petitioner reports at Kings Way Branch of the respondent Bank at Nagpur on 26.7.2016 at 11:00 am, copy of order shall be supplied to him. Learned counsel Shri Chauhan submits that the applicant-petitioner shall accordingly report in the said branch and receive the copy. The applicant-petitioner needs copy of order to avail remedy of appeal against it. As such, issue of limitation is going to be of some importance. Hence, .....3/-

without recording any finding on question, whether earlier copy of order has been sent to the applicantpetitioner or whether it is received by him or not, we direct respondents/disciplinary authority to supply one more copy of the said order to the applicantpetitioner. Acceptance of such copy by the applicantpetitioner shall be without prejudice to his contention and it will be open to him to demonstrate that such copy was never earlier sent or received.

Thus, keeping all rival contentions open and with these directions, we dispose of these civil applications as withdrawn.

JUDGE JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by : Bhushan R.Wankhede.

Uploaded on : - 26/07/2016 (Personal Assistant) ...../-