Date: 01-03-2018
Business: CORAM HIS HONOUR THE 2nd ADDITIONAL PRINCIPAL JUDGE SHRI G. A. SANAP
Adv. Swapnil Waradkar for appellant present.
Adv. M.B. Jadhav for respondent present.
Exh.2Stay application.
Adjd. to 05/03/2018 for reply/R and P.
Next Purpose: REPLY
Next Hearing Date: 05-03-2018
Date: 05-03-2018
Business: Adv. Mr. Waradkar for Appellant present.
Adv. Mr. Jadhav for Resp. present.
In the meantime the execution of interim order is stayed.
Matter adjd for reply and R and P to 9/3/2018.
Next Purpose: REPLY
Next Hearing Date: 09-03-2018
Date: 09-03-2018
Business: Adv. Swapnil for pltff present.
Adv. Jadhav for respondent present and filed R and P. TOR.
Reply filed by respondent to stay application Exh.2. TOR and marked as Exh.3. Copy is served to other side.
Earlier order to continue till next date.
Adjd for final hearing on 18.04.18.
Next Purpose: HEARING
Next Hearing Date: 18-04-2018
Date: 18-04-2018
Business: Adv. Swapnil Varadkar for the appellant present.
Adv. M.B. Jadhav for respondent present.
At the request of Ld. Counsel for appellant, by way of last opportunity, adjd. to 18/06/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 18-06-2018
Date: 18-06-2018
Business: CORAM HIS HONOUR THE 2nd ADDITIONAL PRINCIPAL JUDGE SHRI P.S.TARARE
Adv. Swapnil Waradkar for appellant present.
Adv. M.B. Jadhav for respondent present.
Adjd. to 11/07/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 11-07-2018
Date: 11-07-2018
Business: Adv. S.A. Waradkar for appellant present.
None present for respondent.
Kept back.
Later on.
Adv. M.B. Jadhav for respondent present.
At the request of Ld. Counsel for respondent, adjd. to 24/08/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Business: None for the appellant.
Adv. Aiman i/b adv. Jadhav for respondent is present.
Matter is adjourned to 01/10/2018 for arguments.
Later on - Adv. Mr. Sudhakar Pandaram for appellant is present and requests to continue the earlier order.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: Adv. Mr. Karot for the appellant is present.
Adv. Mr. M. D. Jadhav for the respondent is present.
Adv. for appellant seeks adjournment.
By way of last chance, matter is adjourned to 29/10/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Business: Adv. Swapnil Waradkar for appellant present.
Adv M.B. Jadhav for respondent present.
Partly heard Ld. Counsel for appellant.
Adjd. to 17/11/2018 at 12.30 p.m. for further hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 17-11-2018
Date: 17-11-2018
Business: Mr. Vilas Shirke, CA of appellant present.
Adv. M.B. Jadhav for respondent present.
By consent, adjd. to 11/12/2018 for further hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Adv. Swapnil A. Wardkar for Appellant present.
None for respondents.
As the Hon\''ble Principal Judge is on leave today, adjd to 14.01.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-01-2019
Date: 14-01-2019
Business: Adv. Swapnil Waradkar for the appellant present.
Adv. M.B. Jadhav for respondent present.
Exh.4Appellant files pursis for remanding back the matter.
Ld. Counsel for respondent recorded his reply on it.
Heard both sides.
It is brought to the notice of this Court that though an affidavit of evidence of Mr. Girish Sonawane on behalf of respondent No.1 was filed before the respondent No.2, however, his cross examination was partly recorded and thereafter one Mr. Thorat whose affidavit of evidence was not filed, started appearing on his behalf and an application of appellant for recalling Mr. Sonawane was not considered by respondent No.2 and Mr. Thorat was directed to conduct cross examination of one Mr. Shirke, representative of appellant without being a witness and without his affidavit of evidence on record.
Ld. Counsel for respondent No.1 Mr. Jadhav submitted to the order of the Court.
It appears that respondent No.2 has not followed proper procedure for recording of evidence. In view of this, it is necessary to set aside the impugned order dated 01/02/2018 and to remand back the matter before respondent No.2 for recording of evidence on behalf of both the parties, by giving opportunity to cross examine the witnesses. Hence I pass the following order.
O R D E R
1.The order dated 01/02/2018 is hereby set aside.
2.Misc. Appeal No.68/18 is remanded back before respondent No.2.
3.Respondent No.2 to record the evidence as adduced by the parties and decide the matter afresh on the basis of evidence on record.
4.Parties to appear before respondent No.2 on 20/02/2019.
5.R and P be sent back forthwith.
Adjd. to 26/03/2019 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Adv. Swapnil Waradkar for appellant present.
Adv. M.B. Jadhav for respondent present.
Adjd. to 04/04/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Matter already disposed of vide order dated 14/01/2019.
Nature Of Disposal: OTHERWISE
Disposal Date: 04-04-2019
