Bombay High CourtWP/324/2016dismissedrule discharged

Ravindra S/O. Nanaji Kanake v. Lalitkumad S/O. Ratanlal Nimodiya

2016-01-19Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp324.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.324/2016 Ravindra s/o Nanaji Kanake ..Versus..

Lalitkumar S/o Ratanlal Nimodiya - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 19.1.2016 Heard Shri A.M. Kadukar, advocate for the petitioner. The petitioner - original defendant has challenged the order passed by the trial Court rejecting the application filed by the petitioner seeking permission to file the counter claim. The learned advocate for the petitioner states that the petitioner had not filed counter claim along with the application. In these circumstances, it is not understood as to why the application is entertained and decided by the learned trial Judge without considering the contents of the counter claim. The petition is dismissed. The application (Exh. No.43) filed by the petitioner is rejected as not maintainable.

2 wp324.16 The petitioner is at liberty to file proper application, if so advised.

JUDGE Tambaskar.