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Bombay High CourtWP/4823/2000disposed offdismissed for default

State Transport Co-Op.Bank Ltd And ANR v. Nana Gangaram Mahandule

2017-05-09Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4823 OF 2000

1. State Transport Cooperative Bank Limited, Mumbai Dr. Anandrao Nair Road, Maharashtra Wahatuk Bhawan, Mumbai 400 008.

2. State Transport Cooperative Bank Limited, Branch Shrirampur, Dist. Ahmednagar, through it's Branch Manager.

..Petitioners

Versus

Nana Gangaram Mahandul, R/o Shrirampur, District Ahmednagar.

..Respondent ...

None present.

...

CORAM : RAVINDRA V. GHUGE, J.

Dated: May 09, 2017 ...

ORAL JUDGMENT:- 1.

None present for the parties.

2.

The petitioners are aggrieved by the ad-interim order dated 23.8.2000 passed by the Industrial Court, Ahmednagar in Complaint (ULP) No.117 of 2000.

3.

The impugned order reads as under:-

"1.

The ad-interim application is allowed.

2.

The order passed below Exh.U-2, dt. 9.6.2000 stands confirmed staying the operation of the transfer order dated 3.6.2000 in respect of complainant.

3.

Parties to proceed with the main complaint."

4.

By the above reproduced order, the stay to the transfer order dated 3.6.2000 was continued by allowing the ad-interim application. 5.

By order dated 5.12.2000, this Court, after hearing the learned Advocates for the respective sides, admitted the petition and granted interim relief in terms of prayer clause (C). Consequentially, the above reproduced interlocutory order was stayed by this Court. 6.

Considering the above and keeping in view that the interlocutory order passed by the Industrial Court has been stayed for the last 17 years, I deem it proper to dispose off the petition by continuing the interim relief granted by this Court on 5.12.2000 till Complaint (ULP) No.117 of 2000 is decided by the Industrial Court, Ahmednagar, if not already decided.

7.

As such, this petition is partly allowed and the interim relief

granted by this Court, by which, the interim order of the Industrial Court dated 23.8.2000 was stayed, shall continue till Complaint (ULP) No.117 of 2000 is decided by the Industrial Court, if not already decided. The Industrial Court shall endeavour to decide the said Complaint after issuing notices to the litigating sides, as expeditiously as possible and preferably on/or before 28.2.2018. Needless to state, the above direction would merge in the final judgment of the Industrial Court in the event Complaint (ULP) No.117 of 2000 has not been decided by this date.

8.

The said complaint, if not already disposed off, shall be decided on its own merits.

9.

Rule is made partly absolute.

( RAVINDRA V. GHUGE, J. ) ...

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