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Bombay High Court

Krantikari Kamgar Union vs Official Liquidator Of Zadona ... 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. Digitally signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date:

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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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