Allowed

Yogeshwari Sugar Industries Ltd. through Its Chairman Ashok Hansanand Samat and Another v. Balasaheb Dagdoba Gangarde and Another

Bombay HC6 Feb 2017WP/1598/2017

Case brief

AI extract

What is this about?

Quashing writ petitions directed the quashing of orders refusing evidence deposition and amendments due to the petitioners' medical condition (cancer) and prior compensation receipt.

What did the court decide?

Impugned orders quashed; petitioners allowed to deposit Rs. 2000/- and lead evidence; respondents given time to adduce evidence.

Yogeshwari Sugar Industries Ltd. through Its… — Civil Procedure and Limitation | Bombay HC (2017)

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Writ Petition No.1591/2017

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

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BENCH AT AURANGABAD

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WRIT PETITION NO.1591 OF 2017

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Yogeshwari Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman, Ashok Hansanand Samat, Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed.

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Ratneshwar Trambakappa Kore Managing Director, Yogeshwar Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. ... PETITIONERS

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VERSUS

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Mohan Vitthalrao Kulkarni, Age 53 years, Occ. Agri., R/o at Nila, Tq. Sonpeth, District Parbhani.

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Commissioner of Sugar, Maharashtra State, Sakhar Sankul, Sivajinagar, Pune - 5 ... RESPONDENTS

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Shri Sachin S. Deshmukh, Advocate for petitioners Shri N.S. Bhosle, Advocate for respondent No.1 Shri A.V. Deshmukh, A.G.P. for respondent No.2

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WITH

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WRIT PETITION NO.1592 OF 2017

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Yogeshwari Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman, Ashok Hansanand Samat,

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Writ Petition No.1591/2017

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Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed.

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Ratneshwar Trambakappa Kore Managing Director, Yogeshwar Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. ... PETITIONERS

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VERSUS

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Kaushik Manikrao Jogdand Age 49 years, Occ. Agri., R/o Post Narwadi, Tq. Sonpeth, District Parbhani.

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Commissioner of Sugar, Maharashtra State, Sakhar Sankul, Sivajinagar, Pune - 5 ... RESPONDENTS

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Shri Sachin S. Deshmukh, Advocate for petitioners Shri N.S. Bhosle, Advocate for respondent No.1 Shri A.V. Deshmukh, A.G.P. for respondent No.2

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WITH

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WRIT PETITION NO.1593 OF 2017

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Yogeshwari Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman, Ashok Hansanand Samat, Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed.

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Ratneshwar Trambakappa Kore Managing Director, Yogeshwar Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. ... PETITIONERS

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VERSUS

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Writ Petition No.1591/2017

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Rameshwar Sopanrao Jogdand Age 55 years, Occ. Agri., R/o Post Narewadi, Tq. Sonpeth, District Parbhani. 2. Commissioner of Sugar, Maharashtra State, Sakhar Sankul, Sivajinagar, Pune - 5 ... RESPONDENTS

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Shri Sachin S. Deshmukh, Advocate for petitioners Shri N.S. Bhosle, Advocate for respondent No.1 Shri A.V. Deshmukh, A.G.P. for respondent No.2

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W I T H

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WRIT PETITION NO.1595 OF 2017

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1.	Yogeshwari Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman, Ashok Hansanand Samat, Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed.
2.	Ratneshwar Trambakappa Kore Managing Director, Yogeshwar Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. ...	PETITIONERS
	VERSUS
1.	Radhabai Rameshwar Jogdand Age 49 years, Occ. Agri., R/o Post Narwadi, Tq. Sonpeth, District Parbhani.
2.	Commissioner of Sugar, Maharashtra State, Sakhar Sankul, Sivajinagar, Pune - 5 ...	RESPONDENTS

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Writ Petition No.1591/2017

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Shri Sachin S. Deshmukh, Advocate for petitioners Shri N.S. Bhosle, Advocate for respondent No.1 Shri A.V. Deshmukh, A.G.P. for respondent No.2

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W I T H

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WRIT PETITION NO.1596 OF 2017

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Yogeshwari Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman, Ashok Hansanand Samat, Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. 2. Ratneshwar Trambakappa Kore Managing Director, Yogeshwar Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. ... PETITIONERS

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VERSUS

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Shridhar Pandurang Jogdand Age 44 years, Occ. Agri., R/o Post Narwadi, Tq. Sonpeth, District Parbhani. 2. Commissioner of Sugar, Maharashtra State, Sakhar Sankul, Sivajinagar, Pune - 5 ... RESPONDENTS

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Shri Sachin S. Deshmukh, Advocate for petitioners Shri N.S. Bhosle, Advocate for respondent No.1 Shri A.V. Deshmukh, A.G.P. for respondent No.2

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W I T H

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WRIT PETITION NO.1597 OF 2017

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Writ Petition No.1591/2017

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Yogeshwari Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman, Ashok Hansanand Samat, Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. 2. Ratneshwar Trambakappa Kore Managing Director, Yogeshwar Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. ... PETITIONERS VERSUS 1. Anant Ganpatrao Jogdand Age 22 years, Occ. Agri., R/o Post Narwadi, Tq. Sonpeth, District Parbhani. 2. Commissioner of Sugar, Maharashtra State, Sakhar Sankul, Sivajinagar, Pune - 5 ... RESPONDENTS

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Shri Sachin S. Deshmukh, Advocate for petitioners Shri N.S. Bhosle, Advocate for respondent No.1 Shri A.V. Deshmukh, A.G.P. for respondent No.2

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W I T H

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WRIT PETITION NO.1598 OF 2017

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Yogeshwari Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman, Ashok Hansanand Samat, Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. 2. Ratneshwar Trambakappa Kore Managing Director, Yogeshwar Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman

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Writ Petition No.1591/2017

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Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. ... PETITIONERS

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VERSUS

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Balasaheb s/o Dagdoba Gangarde Age 54 years, Occ. Agri., R/o Post Narwadi, Tq. Sonpeth, District Parbhani.

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Commissioner of Sugar, Maharashtra State, Sakhar Sankul, Sivajinagar, Pune - 5 ... RESPONDENTS

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Shri Sachin S. Deshmukh, Advocate for petitioners Shri N.S. Bhosle, Advocate for respondent No.1 Shri A.V. Deshmukh, A.G.P. for respondent No.2

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W I T H

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WRIT PETITION NO.1602 OF 2017

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Yogeshwari Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman, Ashok Hansanand Samat, Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed.

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Ratneshwar Trambakappa Kore Managing Director, Yogeshwar Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. ... PETITIONERS

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VERSUS

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Vitthal Devrao Jogdand Age 24 years, Occ. Agri., R/o Post Narwadi, Tq. Sonpeth, District Parbhani.

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Commissioner of Sugar,

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Writ Petition No.1591/2017

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Maharashtra State, Sakhar Sankul, Sivajinagar, Pune - 5

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... RESPONDENTS

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Shri Sachin S. Deshmukh, Advocate for petitioners Shri N.S. Bhosle, Advocate for respondent No.1 Shri A.V. Deshmukh, A.G.P. for respondent No.2

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W I T H

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WRIT PETITION NO.1607 OF 2017

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Yogeshwari Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman, Ashok Hansanand Samat, Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. 2. Ratneshwar Trambakappa Kore Managing Director, Yogeshwar Sugar Industries Ltd., Laxminagar Limba, Tq. Pathari, Dist. Parbhani, through its Chairman Registered Office : Vivekanand Nagar, Parli Vaijnath, District Beed. ... PETITIONERS VERSUS

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Uttamrao Manikrao Jogdand Age 64 years, Occ. Agri., R/o Post Narwadi, Tq. Sonpeth, District Parbhani.

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Commissioner of Sugar, Maharashtra State, Sakhar Sankul, Sivajinagar, Pune - 5 ... RESPONDENTS

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Shri Sachin S. Deshmukh, Advocate for petitioners Shri N.S. Bhosle, Advocate for respondent No.1 Shri A.V. Deshmukh, A.G.P. for respondent No.2

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Writ Petition No.1591/2017

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CORAM: S. B. SHUKRE, J. DATED: 6th February, 2017.

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ORAL JUDGMENT :

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Heard. Issue notice to respondents for final disposal. Mr. Bhosle, learned counsel waives service for respondent No.1. Learned A.G.P. waives service for respondent No.2. Rule. Rule made returnable forthwith and heard finally by consent of learned counsel for the parties.

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On perusal of the impugned orders as well as the documents filed on record of this case, which are forming part of the Paper Book of the petitions, particularly the certificates issued by the concerned doctors, showing that the petitioners had indeed undergone treatment for the ailment of cancer and also the fact that the petitioners wished to place on record material fact that the original plaintiffs have already received the amounts of compensation on account of purchase of the sugarcane, these petitions deserve to be allowed by quashing and setting aside the impugned orders. If this is not done, I am of the view that, interest of justice shall take a back seat. These are the cases wherein the inconvenience caused to the original plaintiffs could be compensated, after all the suit itself has been filed for claiming compensation from the petitioners. In this view

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Writ Petition No.1591/2017

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of the matter, these writ petitions are allowed. The impugned orders directing closure of the evidence as well as refusing permission to deposit cost of Rs.2000/- and carrying out the amendments are hereby quashed and set aside. It is directed that the petitioners be allowed to deposit costs of Rs.2000/within four weeks from the date of this order and carry out the amendment already granted within a week thereafter. It is further directed that the respondents shall be allowed to adduce evidence within two weeks from depositing the amount of Rs.2000/- and carry out necessary amendments, and if the petitioners do not lead evidence within the time stipulated as per this order, the petitioners shall forfeit their right to adduce the evidence. This order is made subject to payment of additional cost of Rs.7000/- (Rupees seven thousand) to the original plaintiff in each of the cases within four weeks from the date of this order, failing which the petitioners shall forfeit all the rights granted by this order.

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Parties are directed to appear before the trial Court on 13th February 2017 and take necessary steps in terms of this order and they shall co-operate the trial Court for expeditious disposal of the suits. The trial Court shall make endeavour to expeditiously dispose of the suit, prefrably within six months from the date of this order, provided parties co-operate in the matter.

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Writ Petition No.1591/2017

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4. Rule is made absolute in above terms.

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Authenticated copy permitted.

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( S. B. SHUKRE ) JUDGE

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fmp/wp1591.17

Yogeshwari Sugar Industries Ltd. through Its Chairman Ashok Hansanand Samat and Another v. Balasaheb Dagdoba Gangarde and Another

Case brief

What is this about?

What did the court decide?

Yogeshwari Sugar Industries Ltd. through Its Chairman Ashok Hansanand Samat and Another v. Balasaheb Dagdoba Gangarde and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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