MANOJ BUDHAJI PATIL, SON OF BUDHAJI GUNDU PATIL Vs. BORKAR NURSING HOME, PROPRIETARY CONCERN OF VANDANA BORKAR, WIFE OF LATE ATMARAM ALIAS SHAILESH RAMESH BORKAR

JUDGEMENT

(1.) The challenge in this petition at the instance of the petitioner/defendant is to the order dated 30/11/2017 passed below Exhibit D-5 and order dated 23/4/2018 below applications Exhibit D-7 and D-8 passed by the learned Trial Court in Regular Civil Suit No.186/2017/C.

(2.) The respondent/plaintiff has filed the aforesaid suit against the petitioner for recovery of a sum of Rs.2, 40, 000/- along with interest for breach of contract. The petitioner was employed by the respondent as a O.T. Technician and had assured to work till 8/8/2017. According to the respondent in breach of the said contract the petitioner left the service of the respondent on 4/11/2016 without any prior intimation.

(3.) The petitioner was served with a summons in the suit and had appeared in person on 4/10/2017 when the suit was adjourned to 11/10/2017. As the petitioner remained absent on that day, the trial court proceeded ex parte against the petitioner and the suit was fixed for drawing of 'points for determination' on 17/11/2017 and thereafter on 30/11/2017. On that date, the petitioner filed application Exhibit D-5 for time to file written statement and for engaging an advocate which was dismissed by the trial court on the same day. This is the first order which is subject matter of challenge in this petition.