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Bombay High Court

Kotak Mahindra Bank Limited vs Krantikari Kamgar Union And 6 Ors on 18 July, 2024

Author: G. S. Kulkarni

Bench: G. S. Kulkarni

                                                     14.APPL.17220.2023.doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   ORDINARY ORIGINAL CIVIL JURISDICTION

                        APPEAL (L) NO.17220 OF 2023
                                    IN
                    INTERIM APPLICATION NO.2097 OF 2023
                                   WITH
                  INTERIM APPLICATION (L) NO.17238 OF 2023
                                    IN
                        APPEAL (L) NO.17220 OF 2023

 Kotak Mahindra Bank Limited                         ....      Appellant

      Vs.

 Krantikari Kamgar Union & Ors.                      ....      Respondents

 Mr. Phiroze Colabawalla a/w. Mr. Nikhil Rajani and Mr. Shreyansh
 Desai i/b. V. Deshpande & Co. for the Applicant.

 Ms. Jane Cox a/w. Ms. Rohini Thiagalatan for Respondent No.1.

 Mr. Y.R. Mishra a/w. Mr. D.A. Dube, Mr. Upendra Lokegaonkar &
 Mr. Sachindanand T. Singh for Respondent No.3-UOI.

 Mr. Shanay Shah for Official Liquidator.

                           CORAM     : G. S. KULKARNI &
                                      SOMASEKHAR SUNDARESAN, JJ.
                           DATE      : 18 JULY, 2024

 P. C.

1. Affidavit dated 22nd April, 2024 filed on behalf of the learned counsel for the Appellant is taken on record.

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14.APPL.17220.2023.doc

2. Learned Counsel for the parties have brought to our attention the Order dated 3rd April, 2024 passed by a Coordinate Bench of this Court (CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.). In the present Appeal, as also the consequent order passed by the Recovery Officer, DRT-I, Mumbai dated 27th June, 2024. There is a consensus between the parties that the Recovery Officer could not have passed such order and that the workers ought not to wait for the amount of Rs.57,062,023/- to be released in their favour. If that be so, we would permit the Appellants to come with the minutes of order. After such minutes are placed on record as the challenge of the Appellant-Kotak Mahindra Bank Limited on the impugned orders passed by the learned Single Judge of this Court dated 5 th June, 2023 can be considered.

3. Stand over to 22nd July, 2024.

4. To be listed under the caption 'for filing minutes of the order' qua the workers dues.

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