Disposed

Dilip Balkrishna Shikhare and Ors. v. State of Maharashtra and Ors.

Bombay HC15 Feb 2006WP/4262/2005

Case brief

AI extract

What is this about?

The High Court granted directions to the petitioners to be added as defendants in a suit restraining auction, allowing them to seek vacation of the injunction considering workmen's rights, and directed recovery of dues if injunction is vacated.

What did the court decide?

Direction to trial court to add petitioners as defendants and consider application to vacate injunction based on workmen's rights.

Dilip Balkrishna Shikhare and Ors. Vs State of… — Writ and Judicial Review | Bombay HC (2006)

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 -: 1 :-

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE SIDE JURISDICTION

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 WRIT PETITION NO. 4262 OF 2005

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 Shri Dilip Balkrishna Shikhare & Ors. ..Petitioners.
 Vs.

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 State of Maharashtra & Others. ..Respondents.

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---

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 Mr. Amit B. Borkar for the Petitioners.
 Mrs. J.S. Pawar, AGP for Respondents 1 to 3.
 Mr. A.Y. Sakhare i/by V.K.S.Legal for Respondent No.4.

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 -----

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CORAM : F.I. REBELLO AND
 Dr.D.Y.CHANDRACHUD,JJ.

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DATED : 15TH FEBRUARY, 2006.
P.C.:

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 1. From the reply filed by P.S.Kotolikar, Naib
 Tahsildar, it appears that a suit has been filed to
 restrain the defendants therein from executing notices
 dated 30.05.2005 and 17.06.2005 and an injunction has
 been granted therein, pending the hearing and final
 disposal of the suit, from conducting auction for sale
 of the property. It further appears that the present
 petitioners were not party to the said suit. Under the
 circumstances it will be appropriate that while
 disposing of this petition, following directions are
 issued :-

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 i) The petitioners herein to apply to the Trial

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 -: 2 :-

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 Court for being added as defendants and on such
 application, the trial court to allow the
 application either of the petitioners, who are
 party to the petition, or any interested workman
 or union.

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 ii) On such addition, it will be open to the
 added parties to move an application for
 vacating injunction granted in the suit. The
 trial court to consider the same uninfluenced by
 whatsoever stated in the order, granting
 injunction, and to consider the rights and
 equities of the workmen.

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 iii) If the injunction is vacated, the Recovery
 Officer to take steps to release the workmen’s
 dues in terms of the certificate which is due

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 for recovery.

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 2. With the above directions, the petition stands
 disposed of with no order as to costs.

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 15.02.2006 (F.I.Rebello,J)

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 -: 3 :-

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 (Dr.D.Y.Chandrachud,J)

Dilip Balkrishna Shikhare and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Dilip Balkrishna Shikhare and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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