Bhima Sahakari Sakhar Karkhana Ltd. v. Ishwar Tukaram Koshti

WP8468_03.sxw

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8468 OF 2003 Bhima Sahakari Sakhar Karkhana Limited ...

Petitioner Vs.

Ishwar Tukaram Koshti ...

Respondent Mr. Vinod Sangvilkar i/b. Mr. Umesh Mankapure for Petitioner. Mr. D. J. Deshmukh for Respondent.

CORAM : R. G. KETKAR, J.

DATE : 25TH FEBRUARY, 2015 P.C. :

Not on Board. At the request of Mr. Sangvilkar, taken up in the production Board.

2.

Heard Mr. Sangvilkar, learned Counsel for petitioner and Mr. Deshmukh, learned Counsel for respondent.

3.

By this Petition under Article 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 17.04.2003 passed by the Industrial Court at Solapur in Revision (ULP) No.130 of 2001 arising out of judgment and order dated 16.08.2011 passed by the learned Judge, II Labour Court, Solapur in Complaint (ULP) No.402 of 1993. The Petition was admitted by issuing Rule on 01.09.2005 and the stay to the impugned order was granted subject to condition. 4.

The learned Counsel appearing for the parties have tendered the Resolution No.6 passed on 23.10.2014 by the petitioner along with the consent terms duly signed by the parties and their Advocates. Mr. Sangvilkar states that on behalf of the petitioner, Mr. Bhausahebaudhdav Jagtap, Legal In-charge is present in the Court. Mr. Deshmukh states 1/2

WP8468_03.sxw that respondent is present in the Court. The parties admit and confirm the correctness of the consent terms and submit that the Petition may be disposed of as withdrawn in terms thereof. Photocopies of Resolution No.6 dated 23.10.2014 along with the consent terms are taken on record and marked 'X Colly.' for identification. Photocopies of identity cards of Mr. Jagtap and respondent are taken on record and marked 'Y Colly.' for identification.

5.

In view thereof, Petition is disposed of as withdrawn in terms of the consent terms. The Registry is directed to pay the amount deposited by the petitioner along with the accrued interest, if any, to the respondent as per clause 3 of the consent terms. All the parties shall act upon the authenticated copy of this order. Rule is discharged accordingly. (R. G. KETKAR, J.) Minal Parab 2/2