M/S. Garlick Engineering ( An Erstwhile ... vs Shri. Suresh Krishna Patil And Ors on 22 April, 2019

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Bombay High Court

M/S. Garlick Engineering ( An Erstwhile ... vs Shri. Suresh Krishna Patil And Ors on 22 April, 2019

Bench: M. S. Karnik

 Pradnya Bhogale                         1      5 & 6-wp-3805-19 & 3836-19.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.3805 OF 2019

 M/s. Garlick Engineering and Ors.                        ... Petitioners
       Versus
 Suresh H. Karale and Ors.                                ... Respondents

                               ALONG WITH
                       WRIT PETITION NO.3836 OF 2019

 M/s. Garlick Engineering and Ors.                        ...Petitioners
       Versus
 Suresh Krishna Patil and Ors.                            ...Respondents

                                .....
 Mr. K.M. Naik, Senior Advocate a/w Mr. S.P. Salkar i/b. Mr.
 Hemant Telkar for petitioners in both Writ Petitions.
 Mr. Ravindra B. Nair for respondent No.1 to 5 in both Writ
 Petitions.

                                       .....


                               CORAM     : M. S. KARNIK, J.

                               DATE      : 22 nd APRIL, 2019.

 P. C.:

1. Heard learned Senior Counsel for the petitioners and learned Counsel Shri Nair appearing for all the respondents.

2. Arguable question are raised, hence Rule.

3. Learned Counsel waives service of Rule on behalf of the respondents in both the petitions.

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4. Heard on the question of interim relief. Learned Counsel opposed grant of interim relief. As per Clause 3 of the operative order passed by the Industrial Court, Thane, the learned Senior Counsel submits that the amount payable works out to approximately Rs.1,91,49,564/- in both the petitions. The learned Senior Counsel states that he is willing to deposit Rs.25 lakhs in this Court within a period of four weeks from today. The Registry to invest the amount in any nationalised bank initially for a period of one year. The same may be renewed from time to time. For remaining amount, the learned Senior Counsel, on instructions of the General Manager, Personnel who is personally present in the Court, submits that the bank guarantee to the satisfaction of the Registrar (Judicial) of this Court would be furnished within a period of four weeks from today. He further submits that the Bank Guarantee would be kept alive and renewed from time to time. In this view of the matter the impugned order is stayed.

5. Rule is made returnable after eight weeks.

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