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Bombay High CourtWP/70/2026allowed

Girish Sudhakarrao Kumarwar v. Haridas Raoji Kumre

2026-01-28Hon'Ble Shri Justice M. M. Nerlikar2 pages

Order 280126wp70.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO. 70 OF 2026.

Girish Sudhakarrao Kumarwar and others.

-VERSUSHaridas Raoji Kumre Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri M.P. Khajanchi, Advocate for the Petitioner. CORAM : M.M. NERLIKAR, J.

DATE : JANUARY 28, 2026.

Heard.

2.

The limited challenge raised by the petitioner is that in the operative order though proceedings in Criminal Complaint (ULP) No.1/2024 pending before the Judge, Labour Court, Chandrapur is stayed, however, in the later part i.e. clause no.[ii] it is stated that 'stay of the proceeding is not applicable to stage of first appearance and bail of revision petitioners before the Judge, Labour Court, Chandrapur in consequence of process issued by it.'

3.

The learned Counsel for the petitioner Rgd.

Order 280126wp70.26 states that he is aggrieved by the second clause, wherein the petitioners are asked to remain present before the Court and furnish bail, as process was issued against them.

4.

In this view of the matter, once stay to the original proceeding is granted , it is not desirable to ask the petitioners to appear and furnish bail, otherwise the very purpose of granting stay to the original proceedings would be frustrated, hence, issue notice to the respondent, returnable on 18.02.2026. The petitioner in addition to regular mode of service, is permitted to serve respondent by private mode, as permissible by Rules.

In the meanwhile, there will be stay to clause [ii] of the operative order dated 14.01.2026, till the returnable date.

JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 29/01/2026 10:07:23 Rgd.