M/S. Hari Pack Extrusion Vidarbha Pvt. ... vs Nagpur Plastic Kamgar Sangh, Nagpur ...
2023 Latest Caselaw 12248 Bom

Bombay High Court

M/S. Hari Pack Extrusion Vidarbha Pvt. ... vs Nagpur Plastic Kamgar Sangh, Nagpur ... on 5 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                              1                    54.WP.3536-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                             WRIT PETITION NO. 3536 OF 2023
        ( M/s Hari Pack Extrusion Vidarbha Pvt. Ltd., Thr. Its Director
                                     Vs.
           Nagpur Plastic Kamgar Sangh, Thr. Its President & Ors. )

Office Notes, Office Memoranda                      Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                        Mr. M.G. Bhangde, Senior Advocate a/b Mr. S.S. Sarda, Advocate
                        for the Petitioner.
                        Mr. S.P. Bhandarkar, Advocate for the Respondent No.1.
                        Mr. Apurva De, Advocate for the Respondent No.2.
                        Mr. A. Chaudhari, Advocate h/f Mr. S.N. Kumar, Advocate for the
                        Respondent No.3.



                        CORAM:        AVINASH G. GHAROTE, J.

DATED : 5th DECEMBER, 2023

Heard.

2. Mr. Bhandarkar, learned counsel for the respondent No.1, raises a preliminary issue that the petition would not be maintainable at the behest of the present petitioner on the ground that the petitioner would have no locus to challenge the impugned judgment as that relates to the position between the respondent No.2 on the one hand and the respondent No.1, and therefore, the petitioner would not be concerned with the same at all. He further submits, that in view of the condition in the sale certificate dated 06.12.2007 and the fact that the complaint by the Union was on 18.01.2006 prior to the auction sale and transfer in favour of the present petitioner, this also would be the ground why 2 54.WP.3536-2023.odt

the petitioner would have no locus to challenge the closure or lockout. He also invites my attention to the language of indemnity bond filed by the petitioner (page 193) and the sale certificate (page 190) as well as clause 14 in the NIT (Notice Inviting Tender page 182). It is also contended, that as the present petitioner after being made party before the learned Industrial Court had not filed his written statement, that would also preclude him from raising any challenge to the findings rendered by the learned Industrial Court regarding the lockout.

3. He further submits, that the question of locus is covered by the judgment of the Hon'ble Apex Court, to substantiate which, he seeks some time to place it on record, considering which, list the matter on 11.12.2023.

4. Interim order to continue till then.

(AVINASH G. GHAROTE, J.)

SD. Bhimte

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 05/12/2023 18:40:43