The State Of Maharashtra Through Its Secretary And Others v. Sidheshwar Sahakari Sakhar Karkhana Ltd Through Its Labour Officer Madhavrao Manikrao Khare And ANR

12543.23ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO.12543 OF 2023 IN WP/1183/2023 WITH WP/1183/2023 WITH WP/6618/2023 WITH CA/13412/2023 IN WP/1183/2023 THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

VERSUS

SIDHESHWAR SAHAKARI SAKHAR KARKHANA LTD., THROUGH ITS LABOUR OFFICER MADHAVRAO MANIKRAO KHARE AND ANR.

....

Mr S. K. Tambe, A.G.P. for Applicants/State Mr A. C. Sisodiya, Advocate for Respondent No.1 Mr L. V. Sangit, Advocate for Respondent No.2 Mr A. S. Usmanpurkar, Advocate for Intervenor CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 3rd November, 2023 PER COURT:

1.

The learned A.G.P. tenders a compilation of 22 pages, which is taken on record and collectively marked as 'X-1' for identification.

2.

The learned A.G.P. points out that the auction proceedings were conducted recently. However, the bidders did not quote an amount which could be termed as being

12543.23ca (2) commensurate to the price of the property. The Applicants, therefore, desire to proceed for yet another auction proceedings. 3.

In view of the above, this Civil Application is disposed off. Let the Applicants/State Government Authorities proceed with the auction. However, the auction proceedings would not be finalized without the leave of the Court. The issue, as to whether there is any secured creditor, and whether right of the secured creditor would be above the rights of the workers, who are entitled for their retiral benefits, would be considered on the next date.

4.

List these Writ Petitions on 08/12/2023.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk