Munitions India Ltd v. Ammunition Factory Workers Union

1 39-IA-1701-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1701 OF 2025 IN WRIT PETITION NO. 15036 OF 2023 Munitions India Ltd.

...Applicant In the matter between:

Union Of India Thr Secretary Dept Of Defence Production And Ors

...Petitioners

Versus

The Ammunition Factory Workers Union And Ors

...Respondents

**** Dr. Uday Warunjikar a/w Gargi Warunjikar, Ashutosh Mishra, Advocates for the Applicants/Petitioners.

Mr. K.S. Shukla a/w Mr. Vijayan Balakrishnan, Mr. Mohd. Naved I. Mulla i/b K.S. Shukla and Associate, Advocate for the Respondent. **** CORAM :

A.S.CHANDURKAR AND M.M. SATHAYE, JJ.

SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2025.02.13 18:59:42 +0530 DATE :

11th FEBRUARY 2025 P.C. :

1.

By this application, the prayer is made to implead Munitions India Limited, Pune as Petitioner No.5 in the present Writ Petition. This request is made in view of the Resolution dated 01.10.2021 issued by the Ministry of Defence (Department of Defence Production). Ammunition factory, Khadki now stands transferred to Munitions India Limited, the Defence Production Unit.

2.

An Affidavit-in-Reply has been filed for opposing the said prayer, Sneha Chavan 1/2

2 39-IA-1701-2025.doc which is taken on record. It has been stated that only for delaying the present proceedings, the present application has been made. The interim order passed in the Writ Petition has not yet been complied with and therefore, it is prayed that the Interim Application be rejected. 3.

Having heard the learned counsel for the parties and having perused the Resolution dated 01.10.2021, it is clear that the assets and liabilities of the Ammunition Factory, Khadki now stand transferred in favour of Munitions India Limited. In the light of the terms and conditions of such transfer, it is clear that the liabilities to be satisfied by the present Petitioners would also be the liabilities of the party proposed to be added.

4.

In that view of the matter, the Interim Application is allowed in terms of prayer clause (a), which reads as under: "a) Be pleased to add Munitions India Ltd., 'Pune having its Corporate office at Nyati Unitree, 2nd Floor, Nagar Road, Yerwada, Pune - 411 006 and having its registered office at Ammunition Factory, Khadki, Pune411003, as a Petitioner No.5." 5.

The amendment to be carried out within a period of one week from today.

6.

The Interim Application is disposed of.

(M.M. SATHAYE, J.) (A.S.CHANDURKAR, J.) Sneha Chavan 2/2