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Bombay High CourtCA/11656/2015admittedallowedgrantedrule absolute

Gautam Tukaram Sonwane v. Hafkin Ajantha Farmacuiticals Ltd

2015-10-26Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11656 OF 2015 IN WRIT PETITION NO.7027 OF 2015 GAUTAM TUKARAM SONWANE APPLICANT

VERSUS

HAFKIN AJANTHA FARMACEUTICALS LTD., RESPONDENT Mr.S.R.Kedar, Advocate for the applicant.

Mrs.Seema Pawar h/f Mr.A.G.Talhar, Advocate for the respondent. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 26/10/2015 PER COURT :

1.

The non-applicant/petitioner submits through its affidavit dated 20/10/2015 that an amount of Rs.28,761/- will have to be deposited by the petitioner as proper compliance of the order dated 20/07/2015 passed by this Court.

2.

Learned Advocate for the applicant submits that the amount deposited be permitted to be withdrawn as it pertains to the back wages of the applicant, who has succeeded before the Labour Court vide its award dated 17/04/2015.

3.

He submits that the applicant is willing to give a surety to the satisfaction of the Registrar (Judicial) of this Court and will also file an affidavit indicating that eventually if the applicant is not held to be entitled for the said amount and in the event he suffers an adverse khs/Oct. 2015/11656-d

order in the writ petition, subject to his right of appeal, he would deposit the amount withdrawn within 3 months from the judgment in the writ petition.

4.

Learned Advocate for the applicant opposes the said request. 5.

In the light of the above, this application is partly allowed. The non applicant/petitioner is permitted to deposit the amount of Rs.28,761/- on or before 27/11/2015.

6.

The applicant is permitted to withdraw an amount of Rs.90,000/- by submitting a surety to the satisfaction of the Registrar (Judicial) of this Court and by filing an affidavit to indicate that in the event the applicant suffers the judgment of this Court in Writ Petition No.7027/2015, he shall, subject to his right to appeal, deposit the withdrawn amount in this court within a period of 3 months from the date of such a judgment.

( RAVINDRA V. GHUGE, J.) khs/Oct. 2015/11656-d