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Bombay High CourtWP/3705/2015disposed off

Shri. Sanjay Raghunath Varhadi v. M/S. Asahi Glass Ltd. And ORS.

2016-03-07Hon'Ble Shri Justice R.D. Dhanuka2 pages

13-wp3705-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3705 OF 2015 Sanjay R. Varhadi

...Petitioner

V/s.

M/s.Asahi Glass Limited

...Respondent

Mr.Umesh Mankapure for the Petitioner.

Mr.Avinash K. Jalisatgi for the Respondent No.1. CORAM : R.D. DHANUKA, J.

DATE : 7TH MARCH, 2016.

P.C. :- 1.

By consent of parties, the following order is passed :- a).

The petitioner has agreed to give reply to the show cause notice issued by the respondent no.1 pursuant to the report submitted by the Enquiry Officer within two weeks from today. The respondent no.1 is at liberty to take further steps in accordance with law in respect of the notice issued by the respondent no.1 after considering the reply submitted by the petitioner. Learned counsel for the respondent no.1 agrees that if the respondent no.1 seeks to take any coercive steps against the petitioner after considering the reply of the petitioner, the respondent no.1 will not implement such decision for a period of four weeks from the date of communication. 1/2

13-wp3705-15 b).

It is made clear that the interim protection granted by the Courts below in favour of the petitioner to continue for a period of four weeks from the date of communication of the adverse order, if any, passed by the respondent no.1.

c).

It is made clear that this Court has not expressed any views on the merits of the matter. All the contentions of both the parties are kept open. It is also made clear that the observations and findings recorded by two Courts below are prima-facie. If the petitioner is required to file any fresh proceedings for impugning the action taken by the respondent no.1 if the same is adverse against the petitioner, appropriate Court shall decide the matter in accordance with law without being influenced by the observations and findings recorded by two Courts below.

2.

The writ petition is accordingly disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2