The High Court set aside the impugned order in Writ Petition No. 1731 of 2008, remanding the matter for fresh proceedings to rectify the omission of joining a third party in the complaint as required.
Impugned order set aside; matter remanded back for proceeding in accordance with law.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1731 OF 2008
Bombay Oxygen Corporation Ltd.
& Anr. ..Petitioners
versus
Maharashtra General Kamgar
Union & Anr. ..Respondents
Mr. J. P. Cama, Sr. Advocate i/b. Sanjay Udeshi
& Co. for the Petitioners.
Mr. N. M. Ganguli for the Respondent No. 1.
CORAM : S. A. BOBDE, J.
DATE : 1ST SEPTEMBER, 2008.
P.C.
. Rule, returnable forthwith. Heard by
consent.
2. Mr. Cama, the learned counsel for the
petitioners is right in the submission that no order
directing HDIL could have been passed, unless HDIL
was first joined as party in the complaint. Mr.
Ganguli, the learned counsel for the respondent No.1
fairly states that there is an omission in praying
for joining HDIL as a party.
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3. In the circumstances, the impugned order is
set aside. The matter is remanded back for
proceeding in accordance with law.
4. Rule made absolute in above terms.
(S. A. BOBDE, J.)
Bombay Oxygen Corporation Ltd.
Maharashtra General Kamgar Union
S. A. Bobde
As recorded by the court registry
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