1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9323 OF 2007 WRIT PETITION NO. 9323 OF 2007 WRIT PETITION NO. 9323 OF 2007 Nandkumar Notiram Chitte. .. Petitioner. vs. Saptashrungi Nivasini Devi Trust Sevabhavi Patsanstha Ltd., & Ors. .. Respondents. Mr. Anil Kumar Patil for Petitioner. Mr. S.S. Pakale for Respondent No. 1. Mr. V.S. Gokhale, AGP., for Respondent nos.2 & 3. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & S.S. SHINDE, JJ S.S. SHINDE, JJ S.S. SHINDE, JJ. DATE: 17TH MARCH, 2008. DATE: 17TH MARCH, 2008. DATE: 17TH MARCH, 2008. P.C. . Heard. 2. The petition can be disposed of at the stage of admission itself. The only relief which is sought by the petitioner is that this Court should direct expeditious hearing of the Contempt Proceedings viz., Misc. Complaint (ULP) No. 8 of 2005 and Application (IDA) no. 13 of 2005 which are pending before the Labour Court, Nasik within a stipulated period of time 2 by giving a time bound schedule. 3. The learned counsel for the petitioner informs this Court that the proceedings are delayed at the behest of the Advocate for respondent no. 1 who is not appearing in the matter and representing the respondent no. 1. Mr. Pakale appearing for respondent no. 1 assures this Court that he will instruct his client to be diligent in contesting the matter before the Labour Court. After seeking instructions he finds that the contentions made by the learned counsel for the petitioner are partially correct. Whatever may be the reason, we direct the respondent no. 2 to expeditiously dispose of the complaint and the application by giving it the same priority as in respect of complaints and disputes of the year 2005. We make it clear that in case the matter is delayed because of the non-cooperation of the parties to the litigation, there is sufficient power vested with respondent no. 2 to take a decision in the matter and proceed ex-parte against the non-contesting party. The petition stands disposed of accordingly. 4. The order to be communicated to the Presiding officer of the Respondent No. 2 by the petitioner. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (S.S. Shinde, J.) (S.S. Shinde, J.) (S.S. Shinde, J.) 3