Ashok Sakhahari Yewale v. Baburao Bapuji Tanpure And Another

*1* 911.ca.309.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 309 OF 2017 IN WP/2571/2016 ASHOK SAKHAHARI YEWALE

VERSUS

DR.BABURAO BAPUJI TANPURE COOPERATIVE SUGAR FACTORY LIMITED AND ANOTHER ...

Advocate for Applicant : Shri Barde Parag Vijay. Advocate for Respondent No.1 : Shri R.R.Karpe. AGP for Respondent 2 : Shri N.T.Bhagat.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 20th January, 2017 Per Court:

The Applicant/ original Respondent is before this Court in this Civil Application submitting that the conditional interim relief granted by this Court to the original Petitioner/ Non Applicant Sugar Factory on 15.03.2016 stands vacated since the Sugar Factory did not deposit Rs.6,50,000/- in this Court within four weeks from the date of the order of this Court. The Applicant, however, makes a grievance that though the recovery certificate has been issued on 02.06.2016 by the Assistant Commissioner of Labour, Ahmednagar, the same is not being acted upon by Non Applicant No.2/ Revenue Collector.

*2* 911.ca.309.17 Though Shri Karpe, learned Advocate for Non Applicant No.1/ Sugar Factory, has opposed this application, I am not convinced of his submission since the interim relief granted by this Court was conditional and the Sugar Factory was under an obligation to deposit Rs.6,50,000/- which it has not so done.

The learned AGP appearing on behalf of Non Applicant No.2/ Revenue Collector submits that he will ensure that the process of law is set in motion and there shall be no obstruction in the exercise of his jurisdiction.

In the light of the above, this Civil Application is disposed of by observing that Non Applicant No.2/ Revenue Collector would be at liberty to proceed with the recovery certificate dated 02.06.2016 and recover the arrears of amount set out therein, as expeditiously as possible and preferably within a period of SIX MONTHS from today. kps (RAVINDRA V. GHUGE, J.)