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Bombay High CourtCAF/2802/2025ca disposed off

Rajkumar Pandhari Ingle v. Ashwin Arvind Jaiswal And Others

2025-08-05Hon'Ble Shri Justice Abhay J. Mantri1 pages

1 23caf2802.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 2802 OF 2025 IN FIRST APPEAL NO. 711 OF 2023 (Rajkumar Pandhari Ingle Vs. Ashwin Arvind Jaiswal and anr) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Madhur Deo, Advocate for the applicant.

Mr.R.M. Vaidya, Advocate for respondent No.1. Mr. C.A. Anthony, Advocate for respondent No.2. CORAM : ABHAY J. MANTRI, J.

DATED : 05-08-2025 Heard.

2.

This application is filed for early hearing of the matter by fixed date as the applicant is paralysed, for which learned counsel for respondent No. 1 has no objection; however, learned counsel for respondent No. 2 has strongly objected, contending that the reasons disclosed in the application are not adequate to fix the matter for early hearing. 3.

Learned counsel for the applicant has pointed out the order dated 12.07.2024 passed by this Court whereby the application for early hearing was allowed and the matter was fixed on 05.08.2025 for final hearing. 4.

Judicial note can be taken that since 2008-09, many old matters are pending before the court for final hearing, and this matter is of the year 2023; therefore, considering the reasons stated in the application, I do not find substance in it to list the matter at the earliest for final hearing. Moreover, it appears that the applicant has withdrawn the compensation amount of Rs. 1,46,00,000/-.

5.

Having considered the same, in my view, it would not be appropriate to list the matter on the final hearing board by fixed dates. As such, the application is disposed of by listing the matter on the final hearing board in due course.

(ABHAY J. MANTRI, J.) Belkhede