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Bombay High CourtCAZ/72/2015rejected at admission stage

Smt. Sudha W/O Khushal Khobragade v. M/S Hotel Darshan Tower Thr. Its Manager

2015-12-23Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice V.M. Deshpande2 pages

Order 2312caz72.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.Z.NO.72.2015 IN L.PA..NO.345/2012 IN W.P.NO. 5986/2010. Smt. Sudha Khushal Khobragade -VERSUSM/s. Darshan Tower Hotel.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P. DHARMADHIKARI & V.M.DESHPANDE, JJ.

DATE : DECEMBER 23, 2015.

Applicant/Appellant is being represented by her son - Akash Khobragade, who is a Law student. After hearing him on last two occasions, we granted time to consult some Advocate. He accordingly states that he has consulted the Advocate.

2.

Prayer in Civil Application is to permit applicant/appellant to join State Government as party respondent.

3.

Similar application moved vide C.A.Z.

No.314/2013, has been rejected by this Court on 15.01.2014, after hearing Shri R.R. Gour, Advocate who was then appearing as counsel appointed by Legal

Order 2312caz72.15 Aid for applicant and Shri S.D. Shukla, learned counsel for respondent. This Court has then found that State Government was not party before Single Judge in Writ Petition and at the most State Government has only referred the Industrial dispute to Labour Court for its adjudication. There is no prayer made against State Government.

4.

In the light of this observation, we find the application moved again un-sustainable, it is accordingly rejected.

5.

In the circumstances noted above, we only keep on record a caution that if unnecessary application is filed in future, Court shall impose appropriate costs.

JUDGE JUDGE Rgd.