Vikrant Vithhal Samse v. Nahar Estate Pvt Ltd And ORS

18-wp2571-2022.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VAIBHAV RAMESH JADHAV WRIT PETITION NO.2571 OF 2022 VAIBHAV RAMESH JADHAV Date: 2024.03.21 17:03:35 +0530 Vikrant Vithhal Samse ... Petitioner V/s.

Nahar Estate Pvt. Ltd. & Ors.

... Respondents Mr. Yogendra Pendse with Mr. Mahendra Agvekar and Ms. Shraddha Chavan for the petitioner.

Mr. Filji Frederick with Mr. Archit Chaturvedi i/by FF and Associates for the respondents.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 21, 2024 P.C.:

1.

By the impugned order, the Industrial Court has rejected the petitioner's application for relief under section 17(b). On perusal of Exhibit-E, it appears that the employer has admitted liability to the extent of Rs.2,51,282/-. Therefore, the Industrial Court ought to have considered the said undisputed amount by way of interim relief. Hence, following order:

2.

The impugned order is modified by directing respondent Nos.1 and 2 to pay Rs.2,51,282/-.

3.

Considering the facts of the case, the Industrial Court shall decide the complaint within nine months from the date of appearance of the parties.

18-wp2571-2022.doc 4.

Parties shall appear before the Industrial Court on 5th April 2024.

5.

The writ petition stands disposed of in above terms. 6.

It is made clear that the Industrial Court shall decide the complaint uninfluenced by the observations made in the impugned order.

(AMIT BORKAR, J.)