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2025 DAILYLAW 23646 (BOM)

BHAKTI ENTERPRISES THR ITS PROPRIETOR AMOL N. GHAYTADAK v. HIRA INDUSTRIES THR R.A. SANCHETI

WP/9055/2025 · 2025-07-30

Shri S G Chapalgaonkar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(1) 9-wp-9055-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9055 OF 2025 BHAKTI ENTERPRISES THR ITS PROPRIETOR AMOL N. GHAYTADAK VERSUS HIRA INDUSTRIES THR R.A. SANCHETI ... Mr. Sachin S. Randive, Advocate for the Petitioner. … CORAM : S. G. CHAPALGAONKAR, J. DATED : 30th JULY, 2025. P.C.:- 1. Heard Mr. Randive, learned Advocate appearing for petitioner. 2. He invites attention of this Court to paragraph no.5 of impugned order, which reads thus: “5- vtkZr dks.kR;k fu’kk.khoj myVrikl ukgh vlk vkns’k dsysyk vkgs o dks.krk myVikl ukgh pk vkns’k jnn d#u ekxhrysyk vkgs] rs Li”Vi.ks ueqn dsysys ukgh- R;keqGs izfroknhph usedh dk; fouarh vkgs] rs Li”V gksr ukgh- rlsp izfroknhP;k fo#/n fn- 25-09-2024 uarj dks.krkgh vkns’k ikjhr >kY;kps fnlwu ;sr ukgh- R;keqGs vtZ pky.;kl ik= ukgh- ” 3. He would submit that learned Trial Court rejected application for setting aside no cross order observing that application sans necessary details and proper prayers. He would, therefore, urge that petitioner may be granted opportunity to file fresh application containing necessary details and direct Trial Court to consider the same on its own merits. 2025:BHC-AUG:20331 (2) 9-wp-9055-2025.odt 4. There is substance in contentions of learned Advocate appearing for petitioner that learned Trial Judge has rejected his application for setting aside no cross order, since application was not properly drafted and necessary details were not incorporated. 5. In that view of the matter, without entering into merits of the case, writ petition is disposed of with liberty in favour of petitioner to file fresh application reiterating his prayer for setting aside no cross order by incorporating necessary details. If such an application is filed, learned Trial Court shall consider it on its own merits without impeded by impugned order. (S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025