Shakeel Ahmad Khan And ORS. v. Nuclear Power Corporation Officers Association, Through The President/General Secretary

901-IA-3639-2025.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3639 OF 2025 IN WRIT PETITION NO.13743 OF 2017 Shakeel Ahmad Khan & Ors.

] ..

Petitioners vs.

The Nucclear Power Corporation of ] India Limited ] ..

Respondents Mr.Girish Godbole, Senior Advocate a/w Mr.Neel Helekar, Mr.Ankit Tiwari, Ms.Jayashree Pillai i/b V.B. Tiwai & Co. for the Petitioners. Mr.Sudhir Talsania, Senior Advocate a/w S.D. Shetty, Rakesh Singh and Ms.Nukshinaro i/b M.V. Kini & Co. for Respondent No.1. Mr.Rui Rodrigues a/w Tanu Bhatia for Respondent No.2. CORAM :

M.S.KARNIK & ASHWIN D. BHOBE, JJ DATE :

18th MARCH, 2025.

P.C.

1.

Heard the learned counsel for the parties.

The learned senior Advocate Mr.Godbole, on instructions, submits that the Applicants want to withdraw the Application with liberty by RAJSHREE KISHOR MORE Date:

2025.03.19 18:08:38 +0530 to file a fresh Petition for the reliefs sought in the Application in view of RAJSHREE KISHOR MORE 1/2

901-IA-3639-2025.doc the subsequent events and in respect of the proposed amendments, which the Applicants wanted to place for the consideration of this Court. 3.

In view of the request made, the Interim Application is allowed to be withdrawn with liberty to file a fresh Petition. It is made clear that, we have not expressed any opinion, on the contentions raised in the Application, or the proposed amendment.

5.

So far as option to join the Scheme in terms of Nuclear Power Corporation of India Limited Defined Contribution Pension Scheme, 2025, is concerned, the learned senior counsel Mr. Talsania submits that in case if any of the eligible employee wishes to exercise the same, in terms of Clause 3, the time limit to join the scheme as specified in the website, which is presently till 02/04/2025, will now be extended upto 02/05/2025. The statement is accepted. 6.

So far as Clause 8 is concerned, the learned senior counsel Mr.Talsania, on instructions submits that such an undertaking will not be insisted upon and shall not come in the way of the Applicants in filing fresh Petition subject to the Respondent's right to raise all contentions, which shall be considered as and when a fresh Petition is filed.

7.

In view of the above, keeping all contentions open with the liberty granted, Interim Application is disposed of. No order as to costs. 8.

List the Petition on 02/04/2025.

(ASHWIN D. BHOBE, J.) (M.S.KARNIK, J.) 2/2