M/S. Mittal Tower Premises Co-Operative Society Limited And ANR. v. Mr. Dharmendra Chauhan And ORS.

wp11131-15.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11131 OF 2015 M/s. Mittal Tower Premises Co-operative Society Limited And Anr.

...Petitioners

vs Mr. Dharmendra Chauhan And Ors.

...Respondents

.....

Mr. Kiran Bapat, a/w. Mr. Jayesh Kashiram Desai, for the Petitioners. Mr. H. Kumar Vaidyanathan, a/w. Mr. Uday S. Shenoy, for the Respondents.

......

CORAM : S.C. GUPTE, J.

DATED: APRIL 4, 2016 P.C. :

.

Heard learned Counsel for the parties. By consent, the petition is finally disposed of by setting aside the impugned order dated 1 September 2015 and directing the Industrial Court to decide the complaint afresh in accordance with law and after considering the issue of jurisdiction finally. The Industrial Court shall endeavour to dispose of the complaint within a period of two months from today. In the meantime, learned Counsel for the Petitioners states that, without prejudice to the rights and contentions of his clients, the witnesses, namely, Mr. Venugopalan K. and Mr. Sunil Palsumbkar, shall be recalled and their evidence shall be recorded. The Respondents shall cooperate in the recall and recording evidence of these witnesses. It is made clear that recall of these witnesses and recording of their evidence in Pg 1 of 2

wp11131-15.doc pursuance of the statement made as above, shall be subject to the final orders that may be passed by the Industrial Court. ( S.C. GUPTE, J. ) Pg 2 of 2