Ku. Shobha Sadashiv Mendhe vs Swami Vivekanand Shikshan ...
2021 Latest Caselaw 12898 Bom

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

                            WRIT PETITION NO. 1461 OF 2021
  (Ku. Shobha Sadashiv Mendhe V/s Swami Vivekanand Shikshan Sanstha, Waddhamna & Ors.)

Office   Notes,    Office                         Court's or Judge's orders
Memoranda of Coram,
Appearances,      court's
orders or directions and
Prothonotary's orders


                                       Mr. Sibghatullah Jagirdar, Advocate for Petitioner.
                                       Mr. K. L. Dharmadhikari, AGP for Respondent
                                       No.3.
                                                          ------

                                       CORAM      : AVINASH G. GHAROTE, J.

                                       DATE       : SEPTEMBER 8, 2021.

                 .                Heard     Mr. Jagirdar,     learned       Counsel for            the
                 Petitioner.

2. The impugned order declines to condone the delay of 1579 days occasioned in filing Appeal under Section 9 of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 by the Petitioner, holding that the delay has not been properly explained. The learned Counsel by relying upon the Judgment of the Hon'ble Apex Court in the case of Esha Bhattacharjee V/s Managing Committee of Raghunathpur Nafar Academy and others, (2013) 12 Supreme Court Cases 649 submits that parameters laid down had not been appropriately considered while considering the application for condonation of

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delay, which requires a liberal approach, in view of which, issue notice to the Respondents, returnable in two weeks.

3. Petitioner to serve the Respondent Nos.1 and 2 by all modes, as permissible in law including email and Whatsapp. Hamdast be granted, if prayed.

4. Mr. Dharmadhikari, learned AGP waives notice for Respondent No.3.

(AVINASH G. GHAROTE, J.) Yadav VG