Bombay High Court
All India Spice Jet Staff And Employees ... vs Ajay Singh, The Chairman And Managing ... on 5 February, 2024
Author: Sandeep V. Marne
Bench: Sandeep V. Marne
Neeta Sawant 1/3 12-CONPW(L)--256-2024.docx
Monday, 5 February 2024.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION (LODG.) NO. 256 OF 2024
IN
WRIT PETITION NO. 1240 OF 2022
All India Spice Jet Staff
and Employees Association ....Petitioner
(Orig. Respondent)
V/s.
The Chairman and Managing
Director, M/s. SpiceJet Limited ....Respondent
(Orig. Petitioner No.1)
________
Mr. Jaiprakash Sawant with Ms. Ranjana Todankar and Mrs. Anita
Y. Murgude, for the Petitioner.
Mr. Kiran S. Bapat, Senior Advocate with Mr. Mahesh Shukla and
Mr. Niraj Prajapati, for the Respondent.
__________
CORAM : SANDEEP V. MARNE, J.
Dated : 5 February 2024.
P.C. :
1. This Contempt Petition is filed alleging non-implementation of
the direction in Judgment and Order dated 3 May 2023. It appears
Neeta Sawant 2/3 12-CONPW(L)--256-2024.docx
Monday, 5 February 2024.
that the Judgment and Order dated 3 May 2023 was subject matter of
challenge before the Hon'ble Supreme Court in Special Leave Petition
(Civil) Diary No.(s). 30335/2023 in which following order is passed :
After arguing the matter for some time and in perusal of
the data made available on record regarding flight operations,
it reveals that those documents, in particular last coloumn of
Page K a well as the Chart at Page I of the paperbook, were
not placed or available before the High Court.
However, at the first instance, it is imperative on
petitioners to bring all those documents to the notice of the
High Court and seek modification of the order impugned.
In view of above facts, learned senior counsel appearing
for the petitioners seeks permission to withdraw this Special
Leave Petition with liberty to approach the High Court
seeking modification of the order impugned.
The Special Leave Petition is, accordingly, dismissed as
withdrawn with the above liberty. It is made clear that in case
any adverse order is passed by the High Court, the petitioner
shall be at liberty to approach this Court afresh.
Pending interlocutory application(s), if any, is/are
disposed of.
2. Mr. Bapat, the learned Senior Advocate appearing for the
Respondent, would submit that in pursuance of the leave granted by
the Apex Court, the Respondent has already filed an application for
modification of Order dated 3 May 2023. In that view of the matter,
the hearing of the present Contempt Petition is required to be deferred
till the application filed by the Respondent for modification of the
Neeta Sawant 3/3 12-CONPW(L)--256-2024.docx
Monday, 5 February 2024.
Order dated 3 May 2023 is decided. At the same time, the Respondent
cannot delay hearing of the said application and on that pretext not
implement the Order dated 3 May 2023. Accordingly, the hearing of
the present Contempt Petition is deferred till 18 March 2024.
3. Mr. Sawant, prays for leave to amend the cause-title of the
Contempt Petition. Leave granted. Amendment to be carried out
within two weeks from today. Re-verification is dispensed with.
SANDEEP V. MARNE, J.
