This court allowed the withdrawal of a writ petition challenged against an industrial court order directing a company to produce documents, acknowledging the petitioner's liberty to challenge later.
Writ petition allowed to be withdrawn and disposed of as such with no order as to costs.
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.
18-WP-1065-2024.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1065 OF 2024 Sahara India Commercial Corporation limited …Petitioner Versus Sahara India Kamgar Sanghatana …Respondent _______________________________________________________________
Mr. Mahesh Shukla a/w Mr. Niraj Prajapati, for the Petitioner.
CORAM: MADHAV J. JAMDAR, J. DATED: 10 JUNE 2024
P.C.:
1. Heard Mr. Shukla along with Mr. Prajapati, learned Counsel for the Petitioner.
2. By the impugned Order dated 8th December 2021 passed by the learned Presiding Officer, Industrial Court, Maharashtra, at Mumbai, the Application below Exh. U-5 in Reference (IT) No.33 of 2018 was allowed and the First Party i.e. the Petitioner was directed to produce the documents called by Second Party Union i.e. by the Respondent mentioned in the Application below Exh. U-5.
3. It is the contention of Mr. Shukla, learned Counsel that certain documents are not in the custody of the present Petitioner as they are the documents of other related Companies.
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18-WP-1065-2024.doc
4. However, it is to be noted that the learned Presiding Officer, Industrial Court, Maharashtra, at Mumbai, while passing the impugned Order, has considered the said submission and passed appropriate directions. The relevant observations in the impugned Order on page No.34 of the Writ Petition are as follows:
(Emphasis added)
5. The impugned Order is dated 8th December 2021. Mr. Shukla, learned Counsel for the Petitioner has fairly stated that hearing of the said Reference has progressed substantially.
6. In view of the above position, at this stage, Mr. Shukla, learned Counsel seeks liberty to withdraw the Writ Petition with further liberty to raise a challenge to the said Order dated 8th December 2021 after disposal of the said Reference, if the need arises.
7. Accordingly, the Writ Petition is allowed to be withdrawn and disposed of as such, subject to above with no order as to costs.
[MADHAV J. JAMDAR, J.]
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Sahara India Commercial Corporation limited
Sahara India Kamgar Sanghatana
MADHAV J. JAMDAR
As recorded by the court registry
2 orders share this CNR
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