Biddle Sawyer Ltd. v. Chemical Employees Union And ANR.

1/2 APP/563/2003 BDPPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.563 OF 2003 IN WRIT PETITION NO.1376 OF 1999 ALONGWITH NOTICE OF MOTION NO.2640 OF 2003 IN APPEAL NO.563 OF 2003 Biddle Sawyer Limited ..... Appellant.

V/s Chemical Employees Union Mumbai & Anr.

...... Respondents.

Mrs. N.R. Ratankar alongwith Mr. Prabhakar Jadhav i/b Mr. V.P. Sawant for the Appellant.

Mr. Arshad Shaikh, Senior Counsel alongwith Mr. Sanjay Udeshi and Mr. Rahul Shelke i/b Sanjay Udeshi & Co. for the Respondents. CORAM: V. M. KANADE & MRS. SWAPNA JOSHI, JJ.

DATE: 6th September, 2016 P.C.:- 1.

The learned Counsel appearing on behalf of the Appellant, on instructions, seeks leave to withdraw this appeal. 2.

Appeal is allowed to be withdrawn.

2/2 APP/563/2003 3.

After the above order was passed in the morning session, in the afternoon session the learned Counsel appearing on behalf of the Respondents mentioned the matter and pointed out that pursuant to the interim order passed by this Court on 29/07/2003 as modified by the order dated 06/08/2003, the Appellant has deposited balance amount of Rs 35,50,000/- in this Court. This Court had permitted the Respondents/workmen to withdraw the said amount on furnishing security. He submitted that some of the Respondents have withdrawn the amount by furnishing security.

4.

In view of withdrawal of the appeal those workers, who have furnished the security and withdrawn the amount are allowed to withdraw the said security which is furnished by them and those workers who could not furnish the security are permitted to withdraw the amount which is payable to them without furnishing any security. 5.

Appeal is disposed of in the aforesaid terms. Stay granted is obviously vacated. In view of disposal of Appeal, Notice of Motion taken out therein does not survive and the same is disposed of. (MRS SWAPNA JOSHI, J.) (V.M. KANADE, J.)