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Bombay High CourtCRA/4/2025allowed

E. A. Dhumaskar v. Zuari Industried Ltd.,

2025-09-29Hon'Ble Shri Justice Shreeram V. Shirsat4 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL REVISION APPLICATION NO.4 OF 2025 WITH WRIT PETITION NO.2816 OF 2022 (F) CIVIL REVISION APPLICATION NO.4 OF 2025 E. A. DHUMASKAR ... APPLICANT

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ZUARI INDUSTRIED LTD., ... RESPONDENT WITH WRIT PETITION NO.2816 OF 2022 (F) E. A. DHUMASKAR ... PETITIONER

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ZUARI INDUSTRIED LTD., ... RESPONDENT Ms. Maria Correia, Advocate for the Applicant/Petitioner. CORAM:- SHREERAM V. SHIRSAT, J.

DATE :- 29th September, 2025 P.C.

1. The Applicant, being the original Petitioner in the Writ Petition, has filed the present Civil Revision Application challenging the order dated 19.01.2024 passed by the Learned Registrar (Judicial) in Writ Petition No. 2816/2022/F. By the said order, the Learned Registrar (Judicial) refused registration of the Writ Petition filed by the Applicant herein, who is the original Petitioner.

2.

The original Writ Petition bearing No.2816/2022/F was preferred on 26.12.2022, against part I Award dated 26.7.2018 on preliminary issue nos.1 and 2 and part II Award dated 7.2.2022 of the Industrial Tribunal Panaji, Goa, passed in Reference Case No.A-IT/87/2000. After filing of the Writ Petition, the same was kept for removing office objections. It can be seen from the records that initially on three dates i.e 8.12.2023, 10.11.2023 and 20.10.2023, the Advocate for the Applicant appeared before the learned Registrar and sought time for removing office objections. However, thereafter, when the matter was listed before the learned Registrar(Judicial) on 15.9.2023, for clearing office objections, the Advocate for the Applicant was not present and therefore, the learned Registrar was pleased to grant last and final opportunity and the matter was adjourned for five weeks. It can be further seen from the records that on 19.1.2024, the learned Registrar observed that as no steps were taken for clearing the objections inspite of five opportunities given, the Registration was refused. 3.

It is the submission of the learned Advocate who is now appearing for the Applicant that, on three dates, the Advocate for the Applicant attended the matter and on two dates thereafter, the Advocate for the Applicant was unable to appear before the learned Registrar (Judicial) of this Court. It is the submission that due to

failure on the part of the office of the Advocate for the Applicant to clear office objections, the matter was listed before the learned Registrar on 19.1.2024, wherein the learned Registrar vide order dated 19.1.2024 was pleased to refuse the said registration of the Writ Petition filed bearing no. 2816/2022/F.

4.

The Applicant has also placed on record, affidavit of the concerned Advocate, stating that the learned Registrar refused registration due to the Advocate's failure to attend the matter before the learned Registrar. It is also submitted through the affidavit that the Applicant was informed about the said order dated 19.1.2024 and therefore, the Applicant engaged a new Advocate to take remedial steps. It is submitted that in the light of aforementioned circumstances there has been delay of 220 days in filing the present application which in the interest of justice be condoned.

5.

I have heard Ms Correia, learned Advocate for the Applicant.

6. The action of the learned Registrar cannot be faulted; as sufficient opportunities were granted earlier before refusing registration. In fact, the order dated 6.12.2023 records that six opportunities were granted, and cost was also imposed and thereafter also several opportunities were granted. However,

having perused the Civil Revision Application, the grounds set out therein and the affidavit of the concerned Advocate who has candidly expressed his failure to pursue the said Writ Petition before the learned Registrar, in my opinion, the delay in filing the Civil Revision Application can to be condoned and in the interest of justice, the order dated 19.1.2024 needs to be set aside.

7. For the reasons stated in the application, the delay, in my opinion, is sufficiently explained with sufficient cause, and therefore, the delay in filing the Writ Petition is condoned, and the order dated 19.1.2024 passed by the learned Registrar is set aside. Writ Petition No.2816/2022/F is restored to the file in the interest of justice so that the Petitioner should not suffer.

8. The learned Advocate for the Applicant undertakes to clear all office objections within a period of three weeks from today. Once the objections are removed, the Writ Petition be numbered and the same be placed on the admission board as and when the circulation is sought by the Applicant/Petitioner.

9. Application stands disposed of.

SHREERAM V. SHIRSAT, J.

Signed by: VINITA VIKAS NAIK Designation: Private Secretary Date: 04/10/2025 15:20:51