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Bombay High CourtWP/2131/2020disposed off

Karmala Nagarparishad Throu Shri. Vaibhavraje Jayantrao Jagtap And ANR v. Vitthal Shankar Jadhav

2020-02-13Hon'Ble Shri Justice S.C. Gupte2 pages

1 6) wpst30928-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.30928 OF 2019 Karmala Nagar Parishad, President Vaibhavraje Jayantrao Jagtap ..Petitioner.

V/s.

Vitthal Shankar Jadhav ..Respondent.

Mr.Sarang S. Aradhye for the Petitioner.

CORAM : S.C.GUPTE, J.

DATE : FEBRUARY 13, 2020 P.C. :- Heard learned counsel for the Petitioner.

2.

This writ petition challenges a revisional order passed by the Industrial Court at Solapur. The order rejects the Petitioner's revision challenging the trial Court's order of issuing process in a criminal ULP complaint. Since the matter is at the stage of process, this Court would not like to interfere. Learned counsel for the Petitioner has no objection if the petition is disposed of with liberty to apply for recall of the order passed by a Division Bench of this Court in Letters Patent Appeal No.201 of 2006 in Writ Petition No.2187 of 2005 on June 9, 2010 and also to apply for suitable orders of

2 6) wpst30928-19.doc discharge and dismissal of the criminal complaint on the basis of allegations contained in the present petition. 2.

The petition is disposed of with liberty as prayed. 3.

All rights and contentions of the parties on merits are kept open.

4.

It is made clear that the observations of the Courts below while issuing process or confrming the issue of process, as the case may be, shall not infuence the decision of the trial court. In case any application for discharge or dismissal of the criminal ULP complaint is made by the Petitioner herein, the same shall be decided by the trial court on its own merits. (S.C.GUPTE, J.)