1 wp6235.08 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6235 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 1st August, 2011 Shri N.N. Shinde, Advocate, for the Petitioner. Shri N.B.Patil, A.G.P. for Resp. Nos. 1 and 2. Shri S.D. Joshi, Adv. for Respondent No. 3. ------------- 1. The order impugned in the present petition has been passed by the Tribunal, allowing the Original Application filed by Respondent No. 3 in this petition. According to the learned advocate for the petitioner, the petitioner was not heard as he was not served with the notice of the proceedings and, therefore, he claims that it was decided ex-parte. 2. Rule 17 of the Maharashtra Administrative Tribunal (Procedure) Rules 1988 provides for setting 2 wp6235.08 aside an exparte decision. Therefore, the petitioner ought to have approached the Tribunal itself under Rule 17, rather than filing the present petition. 3. Accordingly, the petition is dismissed. The petitioner may approach the Tribunal for setting aside the impugned order which he claims is an ex- parte order. (M.T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) pnd/wp6235.08