This Writ Petition regarding appointment of a commissioner is dismissed. The court found no jurisdiction to interfere as applicants failed to pay fees for three years and applied after the commissioner concluded evidence.
Petition dismissed as there is no appropriate case for extraordinary jurisdiction.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
WRIT PETITION NO.5328 OF 2005
Shri Digambar Dhondu Mhatre & ors. vs. M/s.Rajaram Construction & anr.
Petitioners
Respondents
Mr.R.S.Datar for the petitioners. Mr.S.M.Oak with Mr.Ambar Joshi for the respondent no.1.
Mr.R.S.Apte for the respondent no.2.
CORAM : S. A. BOBDE,J.
DATED : 19th October 2005
P.C.
| On 25.4.2002 |
the | trial Court, |
on | the applicati |
on of |
|---|---|---|---|---|---|
| the petitioner, |
appointed | a Commiss |
ioner. | For a |
period |
| of three years, |
the | petitioners | did | not pay |
the |
| commission fees. |
When | the matter |
came | up for |
evidence |
| before the trial |
Court, | the petiti |
oner, | who are |
original |
| plaintiffs made |
an | application |
for | fresh order |
of |
| commissioner under |
Ex | hibit 22. |
This | application | has |
| been rejected on |
the | ground | that | the matter |
is |
| part-heard and |
the | plaintiffs have |
appl | ied for |
fresh |
| order of co |
mmission | after having |
led | their | evidence. |
| While, it may |
be arg |
ued that the |
trial | Court ought |
not |
| to have rec |
onsidered | the propriety |
of | the order |
which |
| directed appointment |
of commission. |
Having regard |
to | ||
| the conduct of |
the | plaintiffs in |
not | paying the |
fees, I |
2
| am of |
the | view | that n |
o inte |
rference | is | called | f |
or in |
the |
|---|---|---|---|---|---|---|---|---|---|---|
| impugned | order | because | the | plaintiffs | ha | ve | not | paid | the | |
| commission | fees | for a |
period | of |
three | yea | rs | since | April | |
| 2002 | and | applied | for | a | Commiss | ioner | af | ter | he | had |
| concluded | his | evidence. | I | do not |
con | sider | this | to | be | |
| appropriate | case | in | the | exercise | of | the | extrao | rdinary |
jurisdiction of this Court. The petition is, therefore,
dismissed.
(S. A.BOBDE,J.)
Shri Digambar Dhondu Mhatre & ors.
M/s.Rajaram Construction
S. A. Bobde
As recorded by the court registry
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