1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL NO. 298/2006 -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- D.D. SINHA & A.B. CHAUDHARI, JJ. DATED :- 18.01.2007 Heard Shri P.C. Marpakwar, learned Counsel for the appellant, and Shri A.D. Mohgaonkar, learned Counsel for the respondents. Considered the contentions canvassed by the respective Counsel. Perused the impugned order of the learned Singe Judge. The observations in the impugned order would show that the appellant has filed ULPA Complaint No. 284/1984, which was dismissed in default on 15.6.2001, Misc. U.L.P.A. No.25/2001 was also dismissed and Writ Petition which was filed before this Court was also dismissed on 19.9.2002. The fresh complaint which was filed by the applicant was for same cause of action, which was involved in the earlier complaint and there 2 was no reference in the fresh complaint about the excess recovery. Consequently, the findings recorded by the learned Single Judge, in our view in this background are just and proper. No interference is called for. The L.P.A. is dismissed. JUDGE JUDGE ssw