Indoworth India Limited, Butibori, ... vs State Of Maha., Dept. Of Industries, ...
2025 Latest Caselaw 1105 Bom

Bombay High Court

Indoworth India Limited, Butibori, ... vs State Of Maha., Dept. Of Industries, ... on 31 July, 2025

wp4069.2025.odt
                                        1/2



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

                         WRIT PETITION No.4069 OF 2025
             Indoworth India Limited VS. The State of Maharashtra and others
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions         Court's or Judge's orders.
and Registrar's Orders.

  Mr. R.B.Puranik, Senior Advocate assisted by Mr. M.R.Puranik, Advocate for petitioner.
  Ms. Kavita H.Bhondge AGP for respondent no.1.

      CORAM :       PRAFULLA S. KHUBALKAR, J.

DATE : 31st JULY, 2025.

1. Heard Mr.R.B.Puranik, learned Senior Advocate assisted by Advocate M.R.Puranik for the petitioner.

2. The petitioner has challenged the order dated 11.4.2025 passed by the respondent no.1 refusing permission for closure to the petitioner which was applied by application dated 31.1.2025.

3. The learned counsel for the petitioner submits that the impugned order has been passed beyond the prescribed period of 60 days from the date of application and is hit by provisions of Section 25-O (3) of the Industrial Disputes Act, 1947, which provides for a deeming fiction about grant of permission on failure of the Government to communicate the order on the application for closure. He submits that the impugned order is passed on 11.4.2025 although the period of 60 days had expired on 4.4.2025 on which date, the respondent no.1 has become functus officio.

4. In support of his submission, he relies upon the judgment in the matter of State of Haryana and another Vs. Hitkari Potteries Ltd. and another reported in (2001) 10 SCC 74 and Harinagar Sugar Mills Ltd. and another Vs. State of Maharashtra and others reported in 2025 SCC Online SC 1303.

wp4069.2025.odt

5. He submits that based on the impugned orders, the petitioner apprehends coercive action against it and, therefore, prays for interim relief.

6. Issue notice to the respondents, returnable after four weeks.

7. Ms.K.H.Bhondge, learned AGP waives service of notice on behalf of the respondent no.1.

8. In the mean time, interim relief in terms of prayer clause (ii), shall operate, which is reproduced below:

(ii) Stay the effect and implementation of impugned order dated 11.4.2025 (Annexure-H) during the pendency of the present petition".

(PRAFULLA S. KHUBALKAR, J.)

Mukund Ambulkar

Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 31/07/2025 19:20:48