Bhartiya Samruddhi Finance Ltd Through Its Power Of Attorney Holder V A Deshpande v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10442 OF 2017 BHARTIYA SAMRUDDHI FINANCE LTD. THROUGH ITS POWER OF ATTORNEY HOLDER V A DESHPANDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioners : Shri Pawar Vikas S AGP for Respondent/State : Shri S.N.Kendre.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 28th August, 2017 Per Court:

The Petitioner has challenged an interlocutory order dated 23.03.2017 passed by the Labour Court on an application Exhibit U/9 directing the production of documents. The said order is passed under the MRTU & PULP Act, 1971 in Complaint (ULP) No.40/2015. Considering the impugned order, the Petitioner ought to have resorted to the remedy of filing a revision petition under Section 44 of the said Act before the Industrial Court. As is laid down by this Court in the matter of Engineering Employees Union vs. Devidayal Rolling & Refineries Private Limited, 1986 Mh.L.J. 331 : 1986 (2) Bom.C.R. 246, without exhausting the remedy of filing a revision petition under Section 44 before the Industrial Court, the Petitioner cannot approach this Court by filing a

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Learned Advocate for the Petitioner submits, on instructions, that he desires to withdraw this petition with liberty to file a revision petition under Section 44.

Considering the above, this Writ Petition is disposed of as withdrawn with liberty as prayed for.

kps (RAVINDRA V. GHUGE, J.)