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Bombay High CourtWP/4785/2015rejected

Maharashtra State Road Transport Corporation v. Shri. Vijay Vasudev Kadam And ORS.

2015-11-17Hon'Ble Shri Justice Nitin Jamdar1 pages

bsb 1 902.WP4785.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4785 OF 2015 Maharashtra State Road Transport Corporation ... Petitioner v/s Vijay Vasudev Kadam & ors.

... Respondents Mr.C.M.Lokesh i/by G.S.Hegde for the petitioner. Mr.Manoj A. Patil for the respondents.

CORAM: N.M. JAMDAR, J.

DATED : 17 NOVEMBER 2015 P.C.:

Learned counsel for the Respondents tenders an affidavit in which it is asserted that the impugned order dated 6 July 2013 was recalled by the Industrial Court, Kolhapur, being an ex­parte order, and subsequently the complaint has been allowed by the order dated 3 May 2014. Learned counsel for the Petitioner accepts the position that the petition has become infructuous. The petitioner being a public body, ought to have been careful in giving instructions to its advocates and inform the advocates that the order being impugned already stands recalled before the petition was filed. The petition, in the circumstances, is wholly misconceived and is rejected with costs of Rs.5000/­. ( N. M. JAMDAR, J. )