Disposed

1.THE President/Chairman, Siddhivinayak Shikshan Prasarak and Anr. v. 1.SHRI Dilip Sukhdeo Patil and Ors.

Bombay HC20 Oct 2011LPA/287/2011

Case brief

AI extract

What is this about?

The High Court disposed of civil application and letters patent appeal arising from a writ petition involving an employment dispute. The court declined to interfere with the lower court's order but directed the School Tribunal to consider the management's defence of abandonment independently.

What did the court decide?

Civil application granted in part and disposed. Letters Patent Appeal dismissed with direction to School Tribunal.

1.THE President/Chairman, Siddhivinayak Shikshan… — Service and Employment | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.399 OF 2011
IN

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LETTERS PATENT APPEAL NO.287 OF 2011
IN

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WRIT PETITION NO.2060 OF 2011

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1.The President/Chairman,Siddhivinayak
Shikshan Prasarak Mandal & Anr....Appellants

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vs.

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1.Shri.Dilip Sukhdeo Patil & Ors....Respondents

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Mr.A.G.Kothari i/b. Shaikh Nasir Masih &
Associates, for Appellants.

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Mr.Rajesh Jadhav i/b. Ms.Ujwala Waghela, for
Respondents.

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CORAM: D.K.DESHMUKH &
ANOOP V. MOHTA, JJ.
DATED: 20th October,2011.

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P.C.:-

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Heard. Civil application is granted in

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terms of prayer clause (a). The civil application

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is disposed of.

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(D.K.DESHMUKH, J.)

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 (ANOOP V.MOHTA, J.)

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pvr ca399-lpa287

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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LETTERS PATENT APPEAL NO.287 OF 2011

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IN
WRIT PETITION NO.2060 OF 2011

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1.The President/Chairman,Siddhivinayak
Shikshan Prasarak Mandal & Anr....Appellants

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vs.

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1.Shri.Dilip Sukhdeo Patil & Ors....Respondents

¶25

Mr.A.G.Kothari i/b. Shaikh Nasir Masih &
Associates, for Appellants.

¶26

Mr.Rajesh Jadhav i/b. Ms.Ujwala Waghela, for
Respondents.

¶27

CORAM: D.K.DESHMUKH &
ANOOP V. MOHTA, JJ.

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DATED: 20th October,2011.

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P.C.:-

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1.Not on board. Taken on board. By consent
of parties, heard for admission. Heard the
learned Counsel appearing for petitioners. By the
order impugned in this appeal, the learned Single
Judge has set aside the order passed by the
School Tribunal declining to condone delay in
filing the appeal before the School Tribunal. The

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consequence of the order of the learned Single
Judge is that the appeal of the respondents
before the School Tribunal will be heard on
merit. In our opinion, it will not be appropriate

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for us to interfere with the order of the learned
Single Judge. However, we clarify that though the
learned Single Judge has observed that the
management has not given clear date of the order

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of the termination, the case of the management
was that they have not terminated the services of
the respondent, but the respondent has abandoned
the services. The School Tribunal therefore,
while hearing the appeal, shall consider the
defence put up by the management without being
influenced by anything said in the order which is

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impugned in the appeal. The appeal is disposed
of.

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(D.K.DESHMUKH, J.)

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 (ANOOP V.MOHTA, J.)

1.THE President/Chairman, Siddhivinayak Shikshan Prasarak and Anr. v. 1.SHRI Dilip Sukhdeo Patil and Ors.

Case brief

What is this about?

What did the court decide?

1.THE President/Chairman, Siddhivinayak Shikshan Prasarak and Anr. v. 1.SHRI Dilip Sukhdeo Patil and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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