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Supreme Court - Daily Orders

Modern Food Industries (I) Ltd. (Now ... vs Union Of India . on 11 May, 2016

Bench: Ranjan Gogoi, Prafulla C. Pant

                                                     1

     ITEM NO.23                              COURT NO.7                     SECTION XV

                               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).    13224/2016

     (Arising out of impugned final judgment and order dated 24/02/2016
     in IA No. 5855/2015 in WA No. 438/2007 passed by the High Court Of
     M.p At Indore)

     MODERN FOOD INDUSTRIES (I) LTD.
     (NOW AMALGAMATED WITH AND
     KNOWN AS M/S HINDUSTAN UNILEVER LTD.)                                      Petitioner(s)

                                                    VERSUS

     UNION OF INDIA & ORS.                                                   Respondent(s)

     (with office report)

     Date : 11/05/2016 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE RANJAN GOGOI
                         HON'BLE MR. JUSTICE PRAFULLA C. PANT

     For Petitioner(s)                Mr.   S.C. Aggarwala, Sr. Adv.
                                      Mr.   Sandeep Prabhakar, Adv.
                                      Mr.   Supriya Juneja,Adv.
                                      Mr.   Aditya Singla, Adv.
                                      Ms.   Mehaak Jaggi, Adv.

     For Respondent(s)


                          UPON hearing the counsel the Court made the following
                                             O R D E R

This special leave petition is directed against an order of the High Court by which the interim order passed in Writ Appeal No.438 of 2007 Signature Not Verified (Letters Patent Appeal No.37 of 1999) has been Digitally signed by NEETU KHAJURIA Date: 2016.05.12 17:06:32 IST Reason: continued and the prayer for vacation thereof has been declined.

2

On behalf of the petitioner-Modern Food Industries (I) Ltd., which is now amalgamated with Hindustan Unilever Limited, it is submitted that payment of dues of the workmen, who have filed the writ proceedings in question, does not pose a problem and the petitioner is ready and willing to secure all amounts as may be legally due to them.

We have considered the submissions made on behalf of the petitioner. As the L.P.A./Writ Appeal is pending, any order by this Court on the basis of the aforesaid submissions would not be appropriate. Rather, we are of the view that it is the High Court which should pass appropriate orders on consideration of such submissions as may be made before it on behalf of the petitioner in the special leave petition.

We, accordingly, dispose of the special leave petition by leaving it open for the petitioner to make all the aforesaid submissions before the High Court and request the High Court to decide the matter as expeditiously as possible in view of the fact that the litigation has been pending for nearly two decades now and the submissions made on behalf of the petitioner before 3 us may adequately safeguard the interests of the workmen who have instituted the writ proceedings before the High Court.

 (Neetu Khajuria)                 (Asha Soni)
      Sr.P.A.                     Court Master