A writ petition challenging the trial court's order permitting the respondent to deposit costs and file a written statement belatedly. The High Court held that no grave prejudice was caused and dismissed the petition.
The writ petition challenging the trial court order permitting late deposit of costs and acceptance of written statement was dismissed.
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.
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
WRIT PETITION NO. 690 OF 2011
Deesan Agro Tech Ltd., A-1/2, M.I.D.C. (Add), Awdhan, Taluka & District : Dhule, Through Shri Ashok Mukunda Sonar, Age : 39 years, Occupation : Manager (Personal & Administration), R/o. at/post : Taluka & Dist. Dhule.
.. Petitioner (Original plaintiff)
versus
Godrej Agrovet Ltd., C/o. Shakti Poultry Feed Pvt. Ltd., 79/1, Arvali Pune-Mumbai Road, Panwel, Taluka : Panwel, District : Raigadh, .. Respondent Through its Executive Director & (Original defendant) President, Shri Bairam Singh Yadhav.
Mr. S.P. Brahme, Advocate, for the petitioner.
(2)
CORAM : B.P. DHARMADHIKARI, J.
DATE : 28TH JANUARY 2011
COURT'S ORDER :
(3)
circumstances after expiry of period specified therein, the approach of the trial court cannot be stated to be justified.
6. In the result, the petition is dismissed.
( B.P. DHARMADHIKARI )
bgp/wp690
2 issues framed by the court
Whether the trial court committed an error of law or jurisdiction by allowing late deposit of costs and acceptance of written statement.
Whether the writ petitioner is entitled to interference in the exercise of the trial court's discretion.
1 provisions across 1 enactments
Deesan Agro Tech Ltd.
Godrej Agrovet Ltd.
B.P. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
