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Bombay High CourtWP/5670/2006dismissed for nonprosecutiondefault

Baburao S/O Vitthalrao Gawande v. Sant Rohidas Leather Industries And Charmakar Community Development Cor. Of Mah. Ltd And Another

2022-04-05Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Anil L. Pansare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5670/2006 Baburao Vitthalrao Gawande ...

Petitioner - Versus - Sant Rohidas Leather Industries and Charmakar Community Development Corporation of Maharashtra Ltd and another ... Respondents ----------------- Shri N.R. Saboo, Advocate for Respondent No.1. ---------------- CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 5 APRIL 2022 P.C. :

On 2 March 2022, the following order was passed : "None for the Petitioner.

02] The learned Counsel for Respondent No.1 points out that during the pendency of this petition, the Petitioner and others have been paid revised pay scale of ₹4500-125-7000 with effect from 01/01/2006. The learned Counsel states that these

payments have been made by way of concession. The Petitioner has amended the Petition and has sought benefits from 01/06/1999 till 01/06/2006. The Respondents have filed an affidavit specifically taking a stand that all Government Resolutions on the subject matter are not adopted by Respondent No.1-Board.

03] The Petitioner on the next date will demonstrate as to which Government Resolution upon which the claim of the Petitioner to be paid from 01/06/1995 is based and whether the said Government Resolution is adopted by Respondent No.1-Board.

04] List the Petition in the week commencing from 14 March 2022."

Then, on 16 March 2022, the following order was passed : "None for the Petitioner.

2) Perusal of the farad-sheet shows that appearance on behalf of Petitioner has been irregular. By way of indulgence, stand over in the week commencing from 21 March 2022.

3) If none appears on behalf of the Petitioner on the next date, the Court would presume that the

Petitioner is not interested and proceed to pass order."

Today also none appears. In light of the position pointed out by Respondent No.1 that the revised pay scale has been paid, the Petitioner seems to have lost interest in prosecuting this Petition. Accordingly, it is dismissed for non prosecution. (ANIL L. PANSARE, J.) (NITIN JAMDAR, J.) SANDEEP CHANDRASHEKHAR DESHMUKH Date: 2022.04.11 16:04:43 +0530 SANDEEP CHANDRASHEKHAR DESHMUKH Deshmukh