Supreme Court - Daily Orders
Gayatri Balasamy vs M/S Isg Novasoft Technologies Limited on 19 October, 2023
Bench: Surya Kant, Dipankar Datta
ITEM NO.39 COURT NO.5 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).15336-15337/2021
(Arising out of impugned final judgment and order dated 08-08-2019
in OSA No.59/2015, 08-08-2019 in OSA No.181/2015 passed by the High
Court Of Judicature At Madras)
GAYATRI BALASAMY Petitioner(s)
VERSUS
M/S ISG NOVASOFT TECHNOLOGIES LIMITED Respondent(s)
(FOR ADMISSION)
Date : 19-10-2023 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Arvind Dattar, Sr. Adv.
Mr. K. Parameshwar, AOR
Mr. M.V. Mukunda, Adv.
Ms. Kanti, Adv.
Ms. Arti Gupta, Adv.
Mr. Chinmay Kalgaonkar, Adv.
Mr. M.V. Swaroop, Adv.
Ms. Hina Shaaheen, Adv.
Mr. Mithun Shashank, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
1. Notice in these special leave petitions was issued on 21.02.2023. As per the office report dated 12.05.2023, the service was complete but the respondent did not enter appearance. The matter was again posted for hearing on 01.08.2023 with liberty to the respondent to meanwhile enter appearance. Signature Not Verified Digitally signed by ARJUN BISHT Date: 2023.10.19
2. 16:15:16 IST Reason: We find from the record that the respondent has not chosen to appear before this Court.
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3. The question that falls for consideration is whether the Division Bench of the High Court was justified in reducing the additional compensation to a paltry amount of Rs.50,000/- as compared to the amount of Rs.1.68 crore awarded by the learned Single Judge i.e., equivalent to one year salary of the petitioner.
4. We are informed that as per the instructions of learned senior counsel for the petitioner, the respondent is a running concern.
5. Since the respondent has chosen not to contest these proceedings, we direct the Managing Director/Directors and the entire Management of the respondent-company to deposit a sum of Rs.50 lakh on provisional basis with the Registrar of the High Court of Judicature at Madras within four weeks and send a compliance report, failing which appropriate coercive actions shall be taken. The desirability of referring the matter to a larger Bench to determine the question of law that is being raised in this special leave petition shall be considered on the next date of hearing.
6. Post the matters for compliance on 28.11.2023.
(ARJUN BISHT) (PREETHI T.C.)
COURT MASTER (SH) COURT MASTER (NSH)
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