Interim application by petitioners to withdraw deposited amount dismissed because a related writ petition challenging the refusal of back wages is pending; granting relief would amount to final disposal.
Prayer to withdraw deposited amount summarily dismissed as premature in view of pending main writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
17-ia14606-2023 in wp9895-2022.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.14606 OF 2023
IN
WRIT PETITION NO.9895 OF 2022
Digitally signed byATUL ATULGANESH GANESHKULKARNI KULKARNI Date: 2024.04.04 14:52:21 +0530
Vishram B. Sawant & Anr.… Applicants
In the matter between
Manjara Charitable Trust, through
its Chairman & Anr.… Petitioners
V/s.
Vishram B. Sawant & Anr.… Respondents
Mr. Saurabh S. Pakale with Mr. Nilesh Desai i/by Ms.
Padmaja Malgaonkar for the applicants/ respondents.
Mr. Lancy D’Souza with Ms. Deepika Agrawal i/by Mr.
Vishwambhar M. Parkar for the petitioners.
CORAM :AMIT BORKAR, J.
DATED:APRIL 4, 2024
P.C.:
1.By this interim application, the applicants seeks to withdraw
amount of Rs.6,72,476/- deposited by the petitioners pursuant to
the order dated 6 February 2023 passed in Writ Petition No.9895
of 2022.
2.By the impugned order, the Tribunal refused to grant back
wages. Writ Petition No.4962 of 2024 filed by the applicants
against that part of the order is still pending. Hence, granting
withdrawal of amount will amount to granting final relief.
1
17-ia14606-2023 in wp9895-2022.doc
3. Therefore, at this stage such relief cannot be granted.
4. The interim application accordingly stands dismissed.
(AMIT BORKAR, J.)
2
1 issue framed by the court
Whether an interim application seeking withdrawal of the deposited amount can be granted when the underlying writ petition regarding back wages is still pending.
Manjara Charitable Trust, through its Chairman & Anr.
Vishram B. Sawant & Anr.
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court