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Bombay High Court

Harkishan Mohanlal Parekh vs General Manager Jam Manufacturing ... on 20 February, 2020

Author: Milind N. Jadhav

Bench: Milind N. Jadhav

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

                   WRIT PETITION NO. 6556 OF 2008


Firoz Salebhai                        ..            Petitioner
      v /s.
General Manager Jam Manufacturing Mills
& Anr.                                ..            Respondents

                                WITH
                  CIVIL APPLICATION NO. 57 OF 2020
                                 IN
                   WRIT PETITION NO. 6556 OF 2008

General Manager Jam Manufacturing Mills
& Anr.                                ..            Petitioners
     v /s.
Firoz Salebhai                        ..            Respondent

                                WITH
                    WRIT PETITION NO. 6656 OF 2008

Sangita Shriram Shetye & Anr.                       ..
    Petitioners
    v /s.

General Manager Jam Manufacturing Mills
& Anr.                                ..            Respondents

                                WITH
                    WRIT PETITION NO. 6939 OF 2008

Venichand Amarchand Jain and Anr.                   ..
     Petitioners

    v /s.
General Manager Jam Manufacturing Mills

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& Anr.                                        ..       Respondents

                                     WITH

                    WRIT PETITION NO. 6940 OF 2008

Patange Collections                           ..       Petitioners

           v /s.

General Manager Jam Manufacturing Mills
& Anr.                                ..               Respondents

                                WITH
                    WRIT PETITION NO. 6941 OF 2008

Ashish Aushadhi Bhandar                                ..        Petitioner

    v /s.
General Manager Jam Manufacturing Mills
& Anr.                                ..               Respondents

                                WITH
                    WRIT PETITION NO. 6942 OF 2008

Prannath Bhagoji Naikawadi                    ..       Petitioner

           v /s.

General Manager Jam Manufacturing Mills
& Anr.                                ..               Respondents

                                WITH
                    WRIT PETITION NO. 6949 OF 2008

Pravin Chitaliya                                       ..        Petitioner

    v /s.
General Manager Jam Manufacturing Mills

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& Anr.                                       ..       Respondents

                                WITH
                    WRIT PETITION NO. 6950 OF 2008

Harkishan Mohanlal Parekh                             ..        Petitioner

           v /s.

General Manager Jam Manufacturing Mills
& Anr.                                ..              Respondents

                                WITH
                    WRIT PETITION NO. 6951 OF 2008

Suresh Gumanchand Jain                       ..       Petitioner

    v /s.
General Manager Jam Manufacturing Mills
& Anr.                                ..              Respondents

                                WITH
                    WRIT PETITION NO. 6952 OF 2008

H.T. Jani                             ..     Petitioner

    v /s.
General Manager Jam Manufacturing Mills
& Anr.                                ..              Respondents

                                WITH
                    WRIT PETITION NO. 6957 OF 2008

Sandesh Kshirsagar                           ..       Petitioner

    v /s.
General Manager Jam Manufacturing Mills
& Anr.                                ..              Respondents


SSKilaje                                                                     3 of 7




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                                WITH
                    WRIT PETITION NO. 6958 OF 2008


Shrimal Vijay Hindu Hotel                                  ..        Petitioner

           v /s.

General Manager Jam Manufacturing Mills
& Anr.                                ..                   Respondents

                                WITH
                    WRIT PETITION NO. 6960 OF 2008

Gunwant Rajaram Shrof and Anr.                    ..       Petitioners

    v /s.
General Manager Jam Manufacturing Mills
& Anr.                                ..                   Respondents


Mr. Firoz Salebhai in person in W.P.No. 6556/2008.
Mr. Jawahar Dave in person in W.P.No. 6958/2008.

Ms. Uma Jha i/b. Niranjan & Co., for the petitioner in W.P.
Nos. 6656/2008, 6939/ 2008, 6940/2008, 6941/2008,
6942/2008, 6949/2008, 6950/2008, 6951/2008, 6952/2008,
6957/2008, 6960/2008.

Mr. Prathmesh Seth i/b. Mr. J.B.Fernandes for Respondent
No.1 in W.P. no. 6556/2008.




                                     CORAM: MILIND N. JADHAV, J.

DATE : FEBRUARY 20, 2020 SSKilaje 4 of 7 ::: Uploaded on - 21/02/2020 ::: Downloaded on - 23/02/2020 04:38:46 ::: 903-wp--6556-08+.doc P. C :-

1. Heard Mr. Prathmesh Seth, advocate appearing on behalf of respondent No.1 i.e. National Textile Corporation (for short "NTC"). Mr. Firoz Salebhai, petitioner in person in W.P.No. 6556 of 2008, Mr. Jawahar Dave in person on behalf of petitioner in W.P.No. 6958 of 2008 and Ms. Uma Jha, advocate for the petitioner in the above group matters. At the outset, Ms. Uma Jha informs the Court that the advocate for petitioner has sought discharge on behalf of the petitioners.
2. Mr.Seth, advocate for respondent No.1 draws my attention to the order dated 04.02.2020 and more specifically to para Nos. 2 and 3 thereof. In terms of the direction contained in para-2, Mr. Seth has placed on record the copy of order dated 22 nd August, 2016 passed by the Apex Court in Special Leave to Appeal CC No.(s). 14859-

14865/2016 alongwith several other orders passed by the Apex Court in respect of the disposal of the said appeals. In SSKilaje 5 of 7 ::: Uploaded on - 21/02/2020 ::: Downloaded on - 23/02/2020 04:38:46 ::: 903-wp--6556-08+.doc so far as the direction contained in para No.3 is concerned, Mr. Firoz Salebhai and Mr. Jawahar Dave have once again repeated and reiterated their request for time and sought an adjournment to engage another advocate. They fairly submitted to the Court that they had made similar request on 04.02.2020 but due to certain exigencies it was not possible for them to engage another advocate. Considering the order passed by the Apex Court on 22.08.2016, which records that the present petitions are required to be disposed of within a period of two months and/ or as expeditiously as possible, it is made clear to the petitioners / representatives of the petitioners present before the Court today that they will have to take immediate steps for engagement of another advocate. As a matter of last opportunity, time of two weeks is granted to the petitioners to engage the advocate. It is made clear that if petitioners do not engage another advocate, considering the directions passed by the Apex Court in its order dated 22.08.2016, the petitioners' conduct will have SSKilaje 6 of 7 ::: Uploaded on - 21/02/2020 ::: Downloaded on - 23/02/2020 04:38:46 ::: 903-wp--6556-08+.doc to be viewed strictly by this Court and this Court shall proceed to hear the petitions.

3. These matters shall be kept for hearing on the next date. Stand over to 5th March, 2020.




                                       (MILIND N. JADHAV, J.)




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