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Bombay High Court

Pawan Hans Limited vs Aviation Karmachari Sanghatana And 2 ... on 15 November, 2022

Author: M. S. Karnik

Bench: M. S. Karnik

                                                                                  38.wpl.34184-22.doc

                PMB
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION

         Digitally
         signed by              WRIT PETITION (L) NO.34184 OF 2022
         PRADNYA
PRADNYA  MAKARAND
MAKARAND BHOGALE
BHOGALE

                      M/s. Pawan Hans Limited                   ..Petitioner
         Date:
         2022.11.15
         18:43:06
         +0530

                            vs.
                      Aviation Karmachari Sanghatana and ors. ..Respondents
                                                ------------
                      Mr. Lancy D'souza a/w Ms. Deepika Agarwal i/b. Mr. V. M.
                      Parkar for petitioner.
                      Mr. S. C. Naidu i/b. G. R. Naik and Company for respondent
                      no.1.
                                                ------------

                                                   CORAM : M. S. KARNIK, J.
                                                   DATE      : NOVEMBER 15, 2022.

                      P.C. :

1. Heard learned counsel for the petitioner.

2. Mr. Naidu, learned counsel for the respondent no.1 seeks some time. At his request, stand over to 29.11.2022.

3. Mr. D'souza, learned counsel for the petitioner submitted that the current bank account No.70010200000208 of the petitioner in the Bank of Baroda, Vile Parle Branch has been freezed by the competent authority for recovery of amount as per recovery 1

38.wpl.34184-22.doc certificate dated 06.07.2022. Mr. Naidu submits that dues of the workers-employees as on 31.10.2022 is approximately Rs.7,66,27,466/-. The petitioner is a public sector undertaking under the Ministry of Civil Aviation. In my opinion, instead of freezing the bank account in its entirety, Bank of Baroda could be directed to permit the petitioner to operate the bank account No.70010200000208 by retaining an amount of Rs.6,50,00,000/-. This would be subject to further orders that would be passed by this Court upon hearing the parties and the same is without prejudice to the rights and contentions of the parties. The petitioner is permitted to operate the aforesaid bank account in excess of Rs.6,50,00,000/-.

(M. S. KARNIK, J.) 2