M/S. Superindia (Frp) Pvt. Ltd., Rep. Thr. Its Director, Chander Shekhar Khanna v. Goa Trade And Commercial Works Union, Rep. Thr. Its Gen. Sec., R. D. Maneshkar And 3 ORS
2025:BHC-GOA:1107-DB Amrut
IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO.162 OF 2025 IN WRIT PETITION NO.740 OF 2024 M/S. SUPERINDIA (FRP) PVT. LTD., REP. THR. ITS DIRECTOR, CHANDER SHEKHAR KHANNA ... APPLICANT
Versus
GOA TRADE AND COMMERCIAL WORKS UNION, REP. THR. ITS GEN. SEC., R.
D. MANESHKAR AND 3 ORS ... RESPONDENTS Mr Samir Taleigaonkar, Advocate for the applicant. Mr Yash Naik, Advocate for respondent No.1.
Mr Vishwadh Sardessai, Additional Government Advocate for respondent Nos.2 to 4.
CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.
DATED :- 3rd July, 2025 P.C.:
1. The application filed by the applicant (original petitioner) seek further extension of time, to ensure compliance of the order dated 05.12.2024.
We have heard the learned counsel for the applicant/petitioner and perused the orders passed by this Court from time to time.
2. On 05.12.2024, the learned counsel of the petitioner, on
instructions, made a statement that the entire amount under the recovery certificate shall be deposited in this Court within a period of three months and subject to that, the recovery certificate was directed to be stayed. Since the petitioner could not ensure compliance, on 19.03.2025, the Court extended the timeline by directing that the amount of Rs.5,58,414/- shall be deposited by 21.03.2025 and the balance of the amount of Rs.16,75,242/- shall be deposited within three months.
The petitioner, thereafter, issued a demand draft in the tune of Rs.5,58,414/-, however, as on date, the amount of Rs.16,75,242/- remains unpaid.
3. By the present application, the applicant, in the wake of the financial stress suffered by him, make a statement that a demand draft in the sum of Rs.5,58,414/- is ready and it shall be deposited in the registry to be invested in terms of the original directions passed by this Court. Upon a demand draft being tendered, the registry shall accept the same.
As far as the balance amount of Rs.11,16,828/-, he seeks extension of six months.
The request is strongly opposed by the respondents.
4. Considering the reasons cited in the application that the applicant faces financial difficulties, by way of last chance, we extend the time to deposit the balance amount of Rs.11,16,828/- by a period of three months from today.
We make it clear that if the amount is not deposited, the recovery action shall be initiated against the petitioner.
5. The respondents seek withdrawal of the amount, for which we permit an application to be moved.
The application stands disposed of.
NIVEDITA P. MEHTA, J.
BHARATI DANGRE, J.
Signed by: AMRUT NAGESH TARI Designation: Personal Assistant Date: 04/07/2025 19:38:13