Sawta Sahakari Pratya Sanstha Ltd., ... vs Anand S/O Punjabrao Yewale And Others
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Bombay High Court

Sawta Sahakari Pratya Sanstha Ltd., ... vs Anand S/O Punjabrao Yewale And Others on 11 November, 2025

2025:BHC-NAG:12012


                                                            1                                   40-WP-2643-2019.odt




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

                                      WRIT PETITION NO.2643 OF 2019
                                   Sawta Sahakari Pratya Sanstha Ltd.
                                                   Vs.
                                 Anand S/o. Punjabrao Yewale and Others

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


                                           Mr. R.S. Charpe, Advocate for the Petitioner.
                                           Ms. N.G. Choubey, Advocate for the Respondents.

                                           CORAM: SIDDHESHWAR S. THOMBRE, J.

DATED : 11th NOVEMBER, 2025

1. Heard Mr. R.S. Charpe, learned counsel for the petitioners and Ms. N.G. Choubey, learned counsel for the respondents.

2. The present petition is directed against the order below Exh.28 dated 18.02.2019 passed by the learned Industrial Court (Maharashtra) Nagpur Bench, Nagpur in Misc. Application (ULP) No.02/2013, whereby, the application filed by the applicant seeking amendment in application for setting-aside ex-parte judgment and order dated 04.02.2012 passed in Complaint ULP No.57/2009 which came to be rejected.

3. Learned counsel for the petitioner submits that the matter was proceeded ex-parte and the complaint filed by the employee came to be allowed. The non-appearance was not intentional and respondents have committed fraud by not disclosing the details of 2 40-WP-2643-2019.odt

complaint to the society. Therefore, submitted that no prejudice would caused to the respondent by allowing the present petition.

4. In view thereof, the application below Exh.28 is hereby allowed. Order passed by the learned Industrial Court, Nagpur below Exh.28 is hereby quashed and set-aside. As the application was for amendment in a setting-aside application, the same is allowed with a cost of Rs.25,000/- (Rupees Twenty Five Thousand Only). The cost shall be deposited to the High Court Bar Library, within a period of two weeks from today.

(SIDDHESHWAR S. THOMBRE J.) 𝒫𝓇𝒾𝓋𝑒𝓁