Shruti Rajkumar Sonekar, Before Marriage Name, Shruti Suresh Jivtode And ORS v. Western Coalfields Ltd., Thr. Chairman-Cum-Managing Director Coal Estate, Nagpur And ORS

2025:BHC-NAG:3495-DB 1 920.WP.2646-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2646 OF 2024 ( Shruti Rajkumar Sonekar Before marriage name Shruti Suresh Jivtode & Ors. Vs.

Western Coalfields Ltd., Thr. its Chairman-cum-Managing Director, Coal Estate Headquarter Nagpur & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.A. Dhawas, Advocate for the Petitioners. Mr. P.V. Ghare, Advocate for the Respondents. CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 4th APRIL, 2025 1.

Heard Mr. Dhawas, learned Counsel for the Petitioners and Mr. Ghare, learned Counsel for the Respondents.

2.

The record indicates, that the Petitioners are not the honest litigants, which is for the reason that though under the Social Security Policy, Petitioner No.3 had applied for and was granted compensation on account of the demise of her husband Suresh Namdeo Jivtode, which is reflected from the documents filed by the Respondents, which constitutes the Application of the Petitioner No.3 dated 26.07.2018 (page 167), the consent letter of the legal heirs of Suresh Namdeo Jivtode (page 168) and the order dated

2 920.WP.2646-2024.odt 10/11.07.2019 (page 171), by which the Petitioner No.3 was sanctioned compensation at the rate of Rs.26,292.97/- per month, which Mr. Dhawas, learned Counsel for the Petitioners, does not dispute, that the Petitioner No.3 is receiving from September 2018, there is no disclosure of this position in the Petition, which seeks employment in lieu of compensation.

3.

We do not see why such a conduct of suppression, which cannot but be termed as an intentional and knowledgeable one, ought to be countenanced. We, therefore, dismiss the Petition on account of suppression. 4.

Pending application/s, if any, shall stand disposed of accordingly.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 04/04/2025 19:04:06