High Court at Aurangabad allowed Civil Applications to recall an order striking out defence and permit filing of reply affidavits, relieving one applicant of costs.
Order striking defence is recalled; applicants permitted to file reply affidavits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CIVIL APPLICATIONS NOS.10989/2010 & 9727/2010 IN WRIT PETITION NO.2072/2010
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appearances, Court's
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CORAM: B.R. GAVAI & K.U. CHANDIWAL , JJ.
Date: 24.09.2010
These applications have been filed by the
respondent nos.1 & 3 for recalling the order passed by this Court striking out their defence and for permission to file their affidavits in reply on record.
For the reasons stated in the applications, the same are allowed. The order striking their defence is recalled. The applicants are permitted to file their affidavits in reply.
Shri Ajay Deshpande, learned counsel appearing for the respondent nos.1 & 2 submits that in so far as the respondent no.1 is concerned, he had joined the duty of which the notice was received in the inward section of the
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Zilla Parishad. He submits that there was no deliberate attempt on the part of the respondent no.1 to avoid appearance before this Court. Taking into consideration this aspect of the matter, we recall the order of payment of costs in so far as the respondent no.1 is concerned. The respondent no.1 is at liberty to withdraw the costs i.e. Rs.5,000/- deposited in this Court. The learned counsel for the respondent no.1 would be at liberty to withdraw the costs on behalf of the respondent no.1.
The civil applications are disposed of.
Post the matter for admission on
18.10.2010.
(B.R. Gavai, J.)
(K.U. Chandiwal, J.)
Dt/- 24.09.2010
ndk/c2491021
Respondent nos. 1 & 2
Applicants
B.R. Gavai
K.U. Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
