Telangana High Court

WP/16163/1999 of Uniford Laboratories, Vs Sudhakar Patnaik on 30 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 16163 of 1999 Between: Uniford Laboratories, Rep. by its Managing Partner,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDYWRIT PETITION NO : 16163 of 1999

Between:

Uniford Laboratories, Rep. by its Managing Partner, P.V.Suresh Babu, S/o.P.Mohan Rao, Nellore.

.....

PETITIONER

AND

1 Sudhakar Patnaik S/o.MNM Patnaik, R/o.49-24-18, Ramakrishna Nagar, R/o.49-24-18, Ramakrishna Nagar, Visakhapatnam. disd. for default as per court order dt:13.3.03 asagainst R1against R1

2 The Industrial Tribunal-Cum-Labour Court, Visakhapatnam. Visakhapatnam.

.....RESPONDENTS

Counsel for the Petitioner : MR.V.SUDHAKAR REDDY

The Court made the following:

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ORDER:

This Writ Petition is filed for a writ of Prohibition to prohibitrespondent No.2 from proceeding with M.P.No.28 of 1997 filed byrespondent No.1, without deciding the objections filed by thepetitioner in I.A.No.161 of 1999.

Heard Sri V.Sudhakar Reddy, learned counsel for thepetitioner.

A perusal of the record shows that the petitioner was givenfour weeks time by this Court on 13.03.2003 for complying with the office objections regarding payment of batta subject to the conditionthat non-compliance with the objections within the permitted time wouldautomatically result in dismissal of the writ petition againstrespondent No.1. As admittedly the order, dated 13.03.2003, was notcomplied with, the writ petition stood dismissed against respondentNo.1 and the same was recorded in the file by the Registry on16.04.2003.

In view of the same, as writ petition was dismissed againstrespondent No.1, the cause of action does not survive forconsideration.

Hence, the writ petition is dismissed.

As a sequel to dismissal of main petition, interim order, dated02.08.1999, is vacated and WPMP.No.19946 of 1999 is dismissed.

Dated:30.12.2008GJ

________________________

C.V.NAGARJUNA REDDY, J

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