Bombay High Court
Janata Shikshan Sanstha, ... vs Kusum Lahanu Nahmurte And Others on 10 February, 2023
Bench: Avinash G. Gharote
906. WP 1726 of 2021.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.1726/2021
Janata Shikshan Sanstha, Siregaon Bandh, Tahsil Arjuni Morgaon, District
Gondia, through its President Shri Chameshwar Dudhramji Gahane and
another
...Versus...
Shri Ashok Soma Zode and others
WITH
WRIT PETITION NO.3081/2021
Janata Shikshan Sanstha, Siregaon Bandh, Tahsil Arjuni Morgaon, District
Gondia, through its President Shri Chameshwar Dudhramji Gahane and
another
...Versus...
Ku. Kusum Lahanu Nahmurte and others
WITH
WRIT PETITION NO.3082/2021
Janata Shikshan Sanstha, Siregaon Bandh, Tahsil Arjuni Morgaon, District
Gondia, through is President Shri Chameshwar Dudhramji Gahane and another
...Versus...
Ku. Anuratha Mukharu Meshram and others
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ -
Shri A.Z. Jibhkate, Advocate for petitioners
Shri A.P. Raghute, Advocate for respondent no.1
Mrs. M.A. Barabde, AGP for respondent nos.2 and 3
CORAM : AVINASH G. GHAROTE, J.
DATE : 10/02/2023
906. WP 1726 of 2021.odt
1. It is not disputed that the dates are same in all the
matters and therefore all the matters are decided by this
common order.
2. The petitions challenge the rejection of the
application for setting aside ex parte order, dated 10/03/2021
(pg.196) in Writ Petition No.1726/2021. Shri A.Z. Jibhkate,
learned counsel for the petitioners submits that the matters
were proceeded ex parte on 10/07/2019 due to absence of the
petitioners herein, on account of the illness of the President and
Secretary of the petitioner-Trust, in respect of which,
documents were placed on record, which have not been
considered in their proper perspective, while rejecting the
application for setting aside ex parte judgment. He submits that
since the petitioners have good case on merits, the impugned
judgment and the judgment dated 11/07/2019, passed by the
learned School Tribunal be set aside and the petitioners be
granted an opportunity to contest the appeals. It is further
submitted that any inconvenience, which may have been
caused to the respondents, can be compensated by suitable
costs, for which the petitioners are ready to compensate each
of the respondent no.1 by Rs.50,000/-.
3. Shri A.P. Raghute, learned counsel for the
respondent no.1 in all the petitions disputes the above position
and submits that no sufficient cause has been shown for the
delay and therefore the petitions need to be dismissed.
906. WP 1726 of 2021.odt
4. The notices of the appeals, were issued on
04/12/2018 and the date fixed was 05/01/2019. The record
indicates that the petitioners were served on 08/01/2019 i.e.
after the date fixed and on account of the ailment of the
President and Secretary, they did not file appearance, as a
result of which, an ex parte order was passed on 10/07/2019
and the ex parte judgment was passed on 11/07/2019. An
application for setting aside the ex parte judgment came to be
filed on 09/08/2019, which has been rejected by the order
dated 10/03/2021 (pg.196). The documents on record from
page 134 to 138 indicate that the Secretary of the petitioner-
Trust was suffering from DUB with huge uterine fibroid and
had undergone surgery for its removal and was advised bed-
rest for three months from 27/12/2018 to 27/03/2019. The
President of the petitioner-Trust had undergone coronary
angiography and was also advised bed- rest. This would
indicate that there was sufficient cause shown for non-
representation.
5. That being the position, the judgment dated
10/03/2021 rejecting the application for setting aside ex parte
judgment is hereby quashed and set aside and the application is
allowed, resulting in setting aside the ex parte judgment dated
11/07/2019. The appeals are restored to its original file,
however, subject to sum of Rs.50,000/- payable by the
petitioners to the respondent no.1 in each of the petitions.
906. WP 1726 of 2021.odt
6. Shri A.Z. Jibhkate, learned counsel for the
petitioners has today tendered three demand drafts of
Rs.50,000/- each in favour of the respondent no.1 in each of
the petitions, the receipt of which is acknowledged by
Shri A.P. Raghute, learned counsel for the respondent no.1.
7. The writ petitions are therefore allowed in the
above terms. The parties are directed to appear before the
School Tribunal on 20/02/2023 and no further notice of
appearance shall be required.
8. The written statements/written submissions
opposing the appeals, if any, by the present petitioners shall be
placed on record of the learned School Tribunal by
27/02/2023.
9. No order as to costs.
(AVINASH G. GHAROTE, J.)
Wadkar
Digitally signed bySHAILENDRA
SUKHADEORAO WADKAR
Signing Date:10.02.2023 17:50
