Dinesh S/O Baburao Kotangale vs Kamal W/O Prabhakar Gonnade And ...
2021 Latest Caselaw 3532 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

                      WRIT PETITION NO.1054/2021
Dinesh s/o Baburao Kotangale .vs. Shri Kamal w/o Prabhakar Gonnade and ors.
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions           Court's or Judge's orders.
and Registrar's Orders.
                     Mr. Badal Lonare, Advocate for petitioner.
                     Mr. M. A. Barabdhe, A.G.P.for respondent nos. 4 and 5.

                     CORAM : V.M. DESHPANDE, J.

DATED : FEBRUARY 24, 2021

Heard Mr. Lonare, leaned counsel for petitioner. Issue notice to the respondents, returnable after four weeks.

Learned A.G.P. waives service for respondent nos.4 and 5.

Learned counsel for petitioner submits that the petitioner-Dinesh Kotangale is respondent no.4 in Appeal STN No.31/2016, pending on the file of Presiding Officer, School Tribunal, Nagpur. He submits that the present writ petition is filed on 07.02.2021 challenging the order passed by Tribunal on 03.02.2021 below Exh.-38. He further submits that on 17.02.2021, the petitioner filed application before Tribunal pointing out that on 16.02.2021, the learned counsel for the petitioner (respondent no.4) was tested COVID positive and he was advised to remain home quarantine. Therefore, the learned counsel could not remain present before the School Tribunal. He submits that in spite of that, the learned Presiding Officer, School Tribunal without giving opportunity of hearing to the counsel for the petitioner has kept the Appeal STN No.

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31/2016 for pronouncement of judgment today and as per his instructions, the judgment is not still delivered.

The application dated 17.02.2021, though is not part and parcel of this writ petition, obviously because this writ petition was filed on 07.02.2021, it is taken on record and marked "X" for identification.

In the aforesaid background, there shall be stay to further progress of Appeal STN No.31/2016 pending on the file of Presiding Officer, School Tribunal,Nagpur. The learned Presiding Officer shall not deliver the judgment in Appeal STN No.31/2016, if not already delivered.

JUDGE

kahale