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2000 DIGILAW 617 (BOM)

Maharashtra State Road Transport Corporation, Nagpur and another v. Deepak s/o Shrikrishna Pandit and another

2000-08-24

A.M.KHANWILKAR

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JUDGMENT - A.M. KHANWILKAR, J.:---This petition is wholly mis-conceived and ill-advised. It is only a classic case where public exchequer and court's time is wasted on such irrelevant matters inasmuch as the impugned order has been passed on the basis of concession granted by the Advocate for the petitioners before the Court below. If the order is passed on concession, the same cannot be challenged before the Appellate or Higher Court on any ground though available in law. In the circumstances, this is a fit case which deserves to be summarily dismissed. 2. I think it appropriate to forward copy of this order to the Chairman of the petitioner Corporation with a fond hope that he will be well advised to order an enquiry to find out as to who was responsible for advising filing of such unstatable and untenable case before the High Court which has resulted in loss of Public Exchequer. Needless to observe that the Corporation shall then take appropriate corrective action against the person concerned including recovery of the amount spent by the Corporation for having advised filing of this petition. Petition dismissed. -----