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Bombay High CourtWP/13628/2016disposed off

Tushar Dharmdas Sodha v. M/S Bse Limited

2017-11-01Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 927-WP-9642-2016.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9642 OF 2016 M/s.BSE Limited ...

Petitioner

Versus

Mr. Tushar Dharmdas Sodha ...

Respondent ALONG WITH WRIT PETITION NO. 13628 OF 2016 Mr. Tushar Dharmdas Sodha ...

Petitioner

Versus

M/s. BSE Limited ...

Respondent Mr. K.M. Naik, Sr. Adv. a/w. Mr. Sujeet Salkar, Mr. Hemant Telkar for the Petitioner in WP No. 9642 of 2016 and for the Respondent in WP No. 13628 of 2016. Mr. Bennet D'costa a/w. Ms. Jignasha Pandya for the Respondent in WP No. 9642 of 2016 and for the Petitioner in WP No. 13628 of 2016. CORAM : S.J. KATHAWALLA, J.

DATED : 1ST NOVEMBER, 2017 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following order is passed by consent :

i.

The National Securities Depository Limited (NSDL) and Central Depository Services Limited (CDSL) are directed to produce before the 11 th Labour Court, Mumbai on 15 th November, 2017 at 11.00 a.m., details of the de-mat transaction statements covering all shares and securities transactions for the period from the year 2006 till date in respect of Mr. Tushar Sodha. ii.

A copy of this order shall be forthwith served by the Advocate for M/s. BSE

Nitin 2 / 2 927-WP-9642-2016.sxw Limited on the NSDL and CDSL by hand delivery. iii.

As far as Reference (IDA) No. 82 of 2017 is concerned, the 11 th Labour Court, Mumbai shall hear and dispose off the same without being influenced by any of the observations made in the impugned order dated 12 th October, 2015.

iv.

Mr. Tushar Sodha shall be allowed to lead further evidence if any. Needless to add that M/s. BSE Limited shall be entitled to cross-examine Mr. Tushar Sodha on his fresh evidence.

v.

Parties and / or their Advocates shall appear before the 11 th Labour Court, Mumbai on 15 th November, 2017 at 11.00 a.m. and obtain necessary directions. If for any reason, the Judge presiding over 11 th Labour Court, Mumbai is not available for judicial work on 15 th November, 2017, the matter shall be mentioned before the learned President, Labour Court, Mumbai and necessary directions in the matter shall be obtained.

vi.

Reference (IDA) No. 82 of 2017 shall be disposed off by the 11 th Labour Court, Mumbai within a period of six months from the date of this order. vii.

Parties and / or their Advocates shall not seek any adjournment in the matter unless absolutely necessary. The Court shall also not grant any adjournment to either side unless absolutely necessary.

viii.

All contentions of the parties are kept open. 2.

The above Writ Petitions are accordingly disposed off. ( S.J.KATHAWALLA, J. )