[Cites 2, Cited by 0]
Bombay High Court
Jsw Energy Limited vs Prahar Sangathan Thru Its Founder ... on 22 May, 2026
2026:BHC-OS:12480
Digitally
signed by 1-IA(L)-16761-2026.doc
RUPALI
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2026.05.22
20:48:16 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (LODGING) NO. 16761 OF 2026
IN
SUIT (LODGING) NO. 16760 OF 2026
JSW Energy Limited & Anr. ...Applicants
Versus
Prahar Sangathan Thru. Its Founder
Chairman Om Prakash Alias Bacchu Kadu & Ors. ...Defendants
Mr. Ravi Kadam, Senior Advocate (Through VC) a/w Mr. Rohaan
Cama, Mr. Vineet Unnikrishnan, Mr. Sonu Bhasi & Ms. Veena Hari i/b
Cyril Amarchand Mangaldas for the Applicant.
None for the Defendants.
CORAM : SANDESH D. PATIL, J.
DATE : 22nd MAY, 2026
(VACATION COURT)
P.C. :
1. The applicant has moved the present interim application
before the Vacation Bench of this Court as the applicants are pressing
for some ad-interim relief.
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2. Mr. Kadam, learned Senior Counsel for the applicants has
tendered affidavit of service. The same is taken on record.
3. The applicant No.1 is a leading Indian Power Company.
The applicant No.2 claims to be a major Indian Company engaged in
operating a deepwater sea-port. The applicants have contended that
the defendant No.2 is not a Trade Union affiliated to the applicants
further according to the applicants, it is not even a registered Trade
Union under the Trade Union Act, 1926 and yet claims to have
enrolled 300 workers of the Applicants as its members / right holders
and has threatened the company to go on a strike. It is the contention
of the applicants that the notice dated 28 th April, 2026 was addressed
by the defendant No.1 threatening that they would go on indefinite
sit-in protest for purported pending demands of the workers of
applicant Nos.1 and 2. The notice indicates that there would be an
indefinite sit-in / Protest / Dharna / Agitation initiated by the
defendant No.1 at the JSW Head Office with effect from 20 days from
the date of notice i.e. from 18th May, 2026 onwards. The notice was
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widely circulated on WhatsApp and other means. The applicants have
tendered an additional affidavit on behalf of the applicant No.2 today
in the Court wherein, the applicants have also relied upon certain
hoardings / banners put on indicating that there would be an indefinite
sit-in/Protest/Dharna/Agitation.
4. Mr. Kadam, learned Senior Counsel for the applicants
submits that in case the strike is held as per the threats advanced in the
notice, it would lead to grave chaos as well as great inconvenience, not
only to the applicants, but also to multiple public listed entities whose
office is at the address of the applicant Nos.1 and 2. He submits that
the surrounding area is further known to have several prominent
institutions such as Hospitals, Passport Office etc. He expressed his
apprehension that a unrestrained indefinite protest at/or the Head
Office is likely to cause widespread disruption of significant
magnitude business, regulatory bodies and public at large. Mr. Kadam
also at the same time states that he has no objection to the defendants
carrying on a peaceful Dharna, but at a distance from the Head Office
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of the company and in such place where the public at large would not
be inconvenience.
5. Although the defendants are served as per the affidavit
filed by the learned Senior Counsel for the applicants, none appears
for them today. I have perused the plaint, additional affidavit,
affidavit of service, notice of strike and the photographs of the
banners. This Court is conscious of the fact that under Article 19,
the workers have got right to protest in a peaceful manner.
6. Considering the averments made in the plaint and the
additional affidavit, it appears that there is a likelihood of
sit-in/Protest/Agitation/Dharna to be held by the defendant No.1 on
25th May, 2026 at the place indicated in the notice as well as the
banners put. I have also perused the averments made in paragraph
Nos.42, 43 and 45 of the Interim Application. After perusing the said
averments, this Court is of the view that a prima facie case has been
made by the applicants for grant of exparte ad-interim relief. Hence,
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the following order:
ORDER
There shall be exparte ad-interim relief in terms of prayer clause (a) and (b) of the Interim Application, which reads as under :
"a) That pending the hearing and final disposal of the suit, this Hon'ble Court be pleased to restrain Defendant No. 1, its office bearers, members and agents by a temporary order and injunction from in any manner:
i) holding any meeting including gate meetings, gathering in numbers, picketing, shouting slogans, staging any demonstration, dharna, gherao, squatting, acts of sabotage, riotous behavior at or in front of the offices/premises/ establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051) or within a radius of 500 meters of the gates of such offices/premises/establishments of the Applicants;
ii) obstructing any directors, officers, workmen, employees, managerial or administration personnel, customers or any person dealing with the Applicants from entering or leaving the offices/premises/establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051) or in any other Wakodikar 5/7 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:30:40 ::: 1-IA(L)-16761-2026.doc manner obstructing their normal discharge of duties;
iii) obstructing in any manner the free movement of any vehicle traveling or entry into or exit from the offices/premises/ establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);
iv) from entering upon any of the offices/premises/establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);
v) from gheraoing or causing any obstruction or hindrance, blocking the ingress and egress of any manner to the directors, officers, visitors, customers or employees of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);
vi) displaying, pasting or sticking any banners, posters, pamphlets, placards in or around or in the vinicity of the offices/premises/ establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);
vii) aiding, abetting, instigating, participating and/or actively supporting any demonstration, obstruction, slogans Wakodikar 6/7 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:30:40 ::: 1-IA(L)-16761-2026.doc shouting, squatting at, in front of or around the offices / premises / establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);
viii) intimidating and/or in any manner interfering with the ingress and egress of the officers, workmen, employees, management staff, visitors, guests, clients, customers and agents of the Applicants to the offices / premises / establishments of the Applicants (including the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051);
(b) Pending the hearing and final disposal of the Suit, order and direct Defendant No. 2 to ensure that upon the grant of the temporary injunction as sought in prayer clause
(e) above, the same is enforced, implemented and fully complied with, including by deploying its personnel at the Applicants' Head Office being JSW Centre Bandra Kurla Complex, Bandra (East), Mumbai City, Mumbai, Maharashtra, India, 400051."
7. Issue notice to the defendants returnable on 9 th June, 2026.
8. Stand over to 9th June, 2026.
SANDESH D. PATIL, J.
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