Sadashiv Haribhau Varade v. Vip Industries Ltd.

ssm 1 48-lpast35878.02.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL (STAMP) NO. 35878 OF 2002 IN WRIT PETITION NO. 1886 OF 2002 Sadashiv Haribhau Varade ....Appellant.

Vs.

VIP Industries Ltd.

....Respondent.

Mr. Uday P. Warunjikar for the Appellant.

None for the Respondent.

CORAM : ANOOP V. MOHTA AND P.R. BORA, JJ.

DATE : 4 JANUARY 2017.

ORDER:- Upon restoration, the LPA is taken on board.

Rule. Rule made returnable forthwith.

Heard finally by consent of the parties.

Upon hearing the learned counsel appearing for the Appellant, we are inclined to dispose of the present LPA, which is pending since 2002 only on the issue of grant of interest @ 12% p.a. instead of 10%, as awarded.

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ssm 2 48-lpast35878.02.sxw The learned Single Judge, on 1 April 2002, after considering the scheme and purpose and power of the Court, rejected the Writ Petition and maintained the order passed by the Labour Court. In our view also, we see no interference is required as the learned Labour Court has exercised the discretion, which the learned Single Judge refused to interfere and as there was no error on face of record.

In view of this, Letters Patent Appeal is dismissed. No costs.

(P.R. BORA, J.) (ANOOP V. MOHTA, J.) 2/2