Bombay High Court
Maharashtra Rajya Mathadi And General ... vs Dhl Supply Chain India Pvt. Ltd. on 6 October, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-OS:18549-DB
(5 & 6)-IA(L)-27374-2025-(OS).odt
Digitally signed
SUNNY
by SUNNY
ANKUSHRAO
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANKUSHRAO THOTE
THOTE Date:
2025.10.10
18:04:04 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 363 OF 2022
DHL Supply Chain India Pvt. Ltd.
A Private Limited Company
Registered under the Companies Act, 1956 ...Petitioner
Versus
The Government of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION (L) NO. 27374 OF 2025
Agnira Logistic Pvt. Ltd. ...Applicant
IN THE MATTER BETWEEN
DHL Supply Chain India Pvt. Ltd.
A Private Limited Company
Registered under the Companies Act, 1956 ...Petitioner
Versus
The Government of Maharashtra & Ors. ...Respondents
WITH
INTERIM APPLICATION (L) NO. 29152 OF 2025
Maharashtra Rajya Mathadi
and General Kamgar Sena ...Applicant
IN THE MATTER BETWEEN
DHL Supply Chain India Pvt. Ltd.
A Private Limited Company
Registered under the Companies Act, 1956 ...Petitioner
Versus
The Government of Maharashtra & Ors. ...Respondents
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(5 & 6)-IA(L)-27374-2025-(OS).odt
Mr. Suresh Pakale, Senior Advocate a/w Mr. Pratik Salgaonkar, Mr.
P.N. Salgaonkar i/by Salgaonkar & Co., Advocate for the Original
Petitioner.
Mr. Manish Upadhye, AGP for Respondent No.1 in all these matters.
Mr. B.S. Mahamulkar, Advocate for Respondent Nos.2 & 3.
Mr. Akshay Kandarkar, Advocate for the Applicant in
IA(L)/27374/2025.
Ms. Druti Datar, Advocate for the Applicant in IA(L)/29152/2025.
CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
DATE : 6th OCTOBER, 2025 P.C. :-
1. Both the Interim Applications are allowed, by consent, for permitting the Contractor and the Union to be added as Respondents. Addition be carried out forthwith. Re-verification is dispensed with. Appearances of the Advocates have already been recorded on behalf of the added parties.
2. By an order dated 8th February, 2024 passed in Writ Petition No. 363 of 2022, this Court had directed as under :-
". Heard learned counsel for the Parties.
2. By order dated 22 March 2022 pleadings were directed to be completed. It was clarified that the proceedings were taken out by the Respondent / The Goods Transport Labour Board of Greater Bombay (for short "Board") could proceed. Accordingly, the SUNNY THOTE 2 of 5 ::: Uploaded on - 10/10/2025 ::: Downloaded on - 11/10/2025 01:09:18 ::: (5 & 6)-IA(L)-27374-2025-(OS).odt proceedings were completed and order was passed on 6 July 2023 fixing the liability of Rs.92,28,306/- on the Petitioner.
3. This order is now subject matter of challenge by way of amendment. The Respondents have not filed their reply to the amended petition. They shall do so within a period of two weeks. Stand over to the petition under the caption "For Directions" on 6 March 2024 to fix the date of hearing.
4. The learned counsel for the Petitioner points out that pursuant to the order dated 6 July 2023 recovery notice is issued for recovery of the amount as arrears of land revenue and that the revenue authorities might take action of attachment. The order is of 6 July 2023. There is no interim order so far. The Petitioner will deposit 50% of Rs.92,28,306/- (i.e. Rs.46,14,153/-) in the Registry of this Court within a period of two weeks. As far as the remaining amount is concerned, the authorized signatory of the Petitioner to file an undertaking stating that if the Petitioner fails in its challenge, remaining amount would be deposited with Respondent / Board without Respondent / Board having to take out any separate proceeding. Such undertaking shall shall be filed within a period of two weeks on affidavit.
5. Subject to the compliances, the notice issued for recovery shall stand deferred till the next date of the hearing."
The Petitioner has deposited the amount as directed.
3. These parties, who are settling the dispute, with which the Board is unconcerned, have tendered a colour photostat copy of the settlement terms (10 Pages). The same is taken on record and SUNNY THOTE 3 of 5 ::: Uploaded on - 10/10/2025 ::: Downloaded on - 11/10/2025 01:09:18 ::: (5 & 6)-IA(L)-27374-2025-(OS).odt collectively marked as 'X' for identification.
4. The notice of the Tehasildar and Executive Magistrate Kurla (Mulund), dated 20th December, 2023, is taken on record and marked as 'Y' for identification.
5. In addition to the terms of settlement marked 'X', the Management, the Contractor and the Workers/Union, jointly submit that the levy of 1.85% would be delivered by the Contractor to the Union, within a period of 15 days from today. Within seven days thereafter, the Union would deposit the said amount with the concerned Board.
6. All the parties jointly submit that in the light of the settlement terms 'X', this Petition be disposed off by quashing and setting aside the impugned orders dated 20th June, 2023, Annexure- P, 6th July, 2023, Annexure-Q (both passed by the Board) and the notice of the Tehasildar and Executive Magistrate Kurla (Mulund) dated 20th December, 2023, Annexure-Y. Since no financial burden, directly or indirectly is cast on the Board, the Board has nothing to say about the settlement of the dispute in terms of Annexure 'X', between the other parties.
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7. In view of the above statement, this Writ Petition is disposed off by setting aside the orders Annexure - P, Q and Y, by consent.
8. By consent of the parties, the amount deposited by the Petitioner in this Court pursuant to the order dated 8 th February 2024, is allowed to be withdrawn by the Petitioner along with accrued interest. At this juncture, the learned Senior Advocate representing the Petitioner submits, on instructions, that as a goodwill gesture, while withdrawing the aforesaid amount, the amount to the extent of Rs.5 Lakhs be donated to the Research Center of the Bar Council of Maharashtra and Goa, details of which are as under :-
Account Name BCMG'S ADVOCATE ACADEMY :
& RESEARCH CENTER Account Number : 000120110001327 Bank Name : Bank of India Branch Name : Mumbai Main IFS Code : BKID0000001 Type of Account : Current A/c
9. Registry is directed to transfer the said amount to the aforesaid entity by way of donation.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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