M/S Skoda Auto Volkswagen India ... vs State Of Maharashtra And Ors
2023 Latest Caselaw 4242 Bom

2023:BHC-AS:12693-DB
                                                                                           903-WP-1542-2023


               Pdp
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                           WRIT PETITION NO. 1542 OF 2023

                        M/s. Skoda Auto Volkswagen
                        India Pvt. Ltd.                                 .. Petitioner

                                Versus

                        State of Maharashtra & Ors.                     .. Respondents

                        Mr. Kiran Bapat, Senior Advocate i/by Mr. A. H. Fatangare for
                        petitioner.
                        Mrs. R. A. Salunkhe, AGP for State.
          Digitally


PRAVIN
          signed by
          PRAVIN
          DASHARATH
                        Ms. Neeta P. Karnik a/w Ms. Rushali Kshirsagar for respondent
DASHARATH PANDIT
PANDIT    Date:
          2023.04.27
          10:56:27
          +0530
                        nos.4 to 12, 15 and 16.

                                CORAM: S. V. GANGAPURWALA, ACTING CJ. &
                                       SANDEEP V. MARNE, J.

                                DATE:            APRIL 26, 2023


                        P.C.:

1. We have heard the learned senior advocate for the petitioner and the learned counsel for the respondents. The petitioner has challenged the order of Reference made by respondent no.2. The learned senior advocate for the petitioner submits that the petitioner had filed say and had brought to the notice that the respondents herein are "Trainees". The judgment of this Court was also referred to, but under wrong premise of petitioner's absence, orders in Reference are passed.

2. Learned counsel for the respondents submits that the reference is already made and the authority where the reference is expected to consider all the aspects on merits.

903-WP-1542-2023

That the petitioner on its own volition did not remain present. No error has been committed while passing order.

3. We have perused the order. In the order, it is observed that the petitioner remained absent. However, it appears on 15 October 2020 the say was filed by the petitioner referring to the judgment of this Court and that earlier reference filed by one Mr. Nilesh Sapkal was rejected.

4. In view of the fact that say filed by the petitioner has not been considered and that the petitioner was shown as absent, we are not considering the matter on merits. We are inclined to grant one more opportunity to the petitioner in view of which the impugned orders of Reference are set aside.

5. The petitioner and respondents shall appear before respondent no.2 on 3rd May, 2023. In view of the fact that date for appearance is given, it will not be necessary for the authority to issue fresh notice to the parties.

6. The authorities shall after considering the stand of the petitioner and respondents herein taken a fresh decision on its own merits and in accordance with law.

7. The writ petition is accordingly disposed of. No costs.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)