1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.168 OF 2009 IN WRIT PETITION NO.1325 OF 2009 M/s.Automats (India) .. Appellant Vs. Mr.Sunil Pol .. Respondent Mr.Dilip N. Mandavia for the appellant CORAM : J. N. Patel, Acting C.J., B.R.Gavai, J. DATE : January 15, 2010 P.C. : 1. The present petitioner challenges the order passed by the learned single Judge of this court on 18.03.09 thereby dismissing the petition filed by the present petitioner challenging the order passed by the learned Labour Court rejecting the application of the petitioner for setting aside the ex-parte award. 2. The learned Labour Court so also the learned single Judge have held that the 2nd notice which has been issued to the respondent was sent by Registered Post with acknowledgment due and the same was returned as 2 refused. The learned single Judge has also recorded the statement of the counsel appearing on behalf of the petitioner that he had not taken any inspection of the record and proceedings before the Labour Court pertaining to the service and therefore, no positive statement could be made in that regard. 3. In that view of the matter, we see no error or illegality in the impugned order of the learned single Judge to invoke the appellate Jurisdiction. 4. Appeal is therefore, dismissed. (ACTING CHIEF JUSTICE) (B.R.GAVAI, J)