RAVIRAJ CORPORATION, TILAK ROAD, AKOLA, THROUGH ITS PARTNER RAJENDRA RADHEKISHAN RATHI Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMP LIMITED
HIGH COURT OF BOMBAY
Raviraj Corporation, Tilak Road, Akola, Through Its Partner Rajendra Radhekishan Rathi
Maharashtra State Electricity Distribution Comp Limited
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B. P. Dharmadhikari, J. -
(1.) Appellant, added as defendant no.2 in Special Civil Suit No.5/1997 on 24.10.2008 by the Civil Judge, Senior Division, Khamgaon, questioned that order in Writ Petition No. 46/2009 before the learned Single Judge under Articles 226 and 227 of the Constitution of India. The prayers expressly seek a writ of certiorari or any other appropriate writ in the matter. In grounds, there is an attempt to demonstrate that against third party, such a relief could not have been allowed and scope of Order VIII Rule 23 of Civil Procedure Code, as amended by the Bombay High Court, has been lost sight.
(2.) Writ Petition No. 46/2009, was considered on 17.04.2009 for admission. In motion hearing, after hearing respective counsel, learned Single Judge of this Court has found no substance in the petition and dismissed it.
(3.) Shri Bhide, learned counsel appearing for the original defendant in Special Civil Suit/respondent no.2, has relied upon a judgment of Hon'ble Supreme Court (Ram Kishan Fauji vs. State of Haryana and others, 2017 5 SCC 533), to urge that petition was essentially against an order interlocutory in nature, and hence, the petition or then the Letters Patent Appeal is not maintainable. He further adds that in any case, as held by the Hon'ble Supreme Court, present Letters Patent Appeal cannot be entertained.;
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