Kulsachiv, Dr. Punjabrao Deshmukh, Krushi Vidyapeeth, Akola And Another v. Suryabhan Rajaram Kalbande (Dead)
1 21-wp 1165.2025 +.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1165 OF 2025 ( KULSACHIV, DR. PUNJABRAO DESHMUKH, KRUSHI VIDYAPEETH, AKOLA AND ANOTHER VS SURYABHAN RAJARAM KALBANDE ) AND WRIT PETITION NO. 1166 OF 2025 ( KULSACHIV DR. PUNJABRAO DESHMUKH, KRUSHI VIDYAPEETH, AKOLA AND ANOTHER VS NATHA YADAV SARKATE ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.
Mr. Abhay Sambre, Advocate for petitioners.
Mr. P. V. Kavishwar, Advocate for respondent.
CORAM
:
ROHIT W. JOSHI, J.
DATED :
MARCH 12, 2026 CIVIL APPLICATION (O) NO.660 OF 2025 IN CIVIL APPLICATION (W) NO.1311 OF 2025 IN WRIT PETITION NO. 1165 OF 2025 Perusal of the death certificate filed along with the applications, indicates that the respondent No.1 (Suryabhan Kalbande) has expired on 20/06/2018. He had filed Complaint (ULP)No.66/2016, which came to be allowed by the learned Industrial Court, Akola vide impugned judgment and order dated 20/07/2024. It appears that fact of demise of respondent No.1/original complainant was not brought to the notice of the learned Judge. In such circumstances, the complaint was allowed in favour of dead person. On realising this fact, the present applications are filed by the petitioners seeking permission to bring legal representatives of deceased respondent No.1/original complainant on record and for condonation of
2 21-wp 1165.2025 +.odt delay in filing the said application. Since the respondent No.1/original complainant had expired while the complaint was pending, the application for bringing legal representatives will have be considered as an application for addition of parties, therefore, there is no question of condonation of delay. Application for condonation of delay is disposed of accordingly. 2) Having regard to the fact that the respondent No.1/original complainant had expired while the complaint was pending, it is necessary to join his legal representatives as respondent in the present writ petition. Application for bringing legal representatives on record is allowed treating it to be an application for addition of parties.
Proposed legal representatives are ordered to be added as respondent Nos.1(a) to 1(e) in the writ petition.
3) Learned counsel Mr.Kavishwar, waives service of notice on behalf of newly added respondents.
CIVIL APPLICATION (O) NO.661 OF 2025 IN CIVIL APPLICATION (W) NO.1315 OF 2025 IN WRIT PETITION NO. 1166 OF 2025 Perusal of the death certificate filed along with the applications, indicates that the respondent No.1 (Natha Yadav Sarkate) has expired on 03/10/2020. He had filed Complaint (ULP)No.64/2016, which came to be allowed by the learned Industrial Court, Akola vide impugned judgment and order dated 20/07/2024. It appears that fact of demise of respondent No.1/original complainant was not brought to the notice of the learned Judge. In such circumstances, the complaint was allowed in favour of dead person. On realising this fact, the
3 21-wp 1165.2025 +.odt present applications are filed by the petitioners seeking permission to bring legal representatives of deceased respondent No.1/original complainant on record and for condonation of delay in filing the said application. Since the respondent No.1/original complainant had expired while the complaint was pending, the application for bringing legal representatives will have be considered as an application for addition of parties, therefore, there is no question of condonation of delay. Application for condonation of delay is disposed of accordingly. 2) Having regard to the fact that the respondent No.1/original complainant had expired while the complaint was pending, it is necessary to join his legal representatives as respondent in the present writ petition. Application for bringing legal representatives on record is allowed treating it to be an application for addition of parties.
Proposed legal representatives are ordered to be added as respondent Nos.1(a) and 1(b) in the writ petition.
3) Learned counsel Mr.Kavishwar, waives service of notice on behalf of newly added respondents.
WRIT PETITION NOS.1165 OF 2025 AND 1166 OF 2025 It appears from the record that although the complainants had expired on 20/06/2018 and 03/10/2020, their cross-examination is recorded on 27/02/2024. The respondents are directed to file affidavit explaining the position. 2) Interim order to continue till next date.
3) Stand over to 06/04/2026.
( ROHIT W. JOSHI, J. ) Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 12/03/2026 19:49:43