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2002 Supreme(Bom) 312

S.A.BOBDE
P. M. A. Hakeem, Chairman, Maharashtra State Road Transport Corporation & others – Appellant
Versus
U. P. Co-operative Spinning Mills Federation Limited & others And Co-operative Textiles Mills Ltd. Staff Association – Respondent


JUDGMENT - S.A. BOBDE, J.:---This Chamber Summons is taken out by a Staff Association called “The Co-operative Textiles Mills Limited Staff Association” for being impleaded as a defendant in the suit filed by Shri P.M.A. Hakeem, Chairman of the Maharashtra State Road Transport Corporation and other Trustees against the U.P. Co-operative Spinning Mills Federation Limited (hereinafter referred to as “the Federation”). The suit is for a recovery of approximately a sum of Rs. 12 crores which are meant for the terminal benefits of the employees of the Maharashtra State Road Transport Corporation out of which Rs. 10,52,00,000/- is due. The amount is invested by the plaintiffs in bonds issued by the federation.

2. The Federation has about 11 member mills of which one of the mill is at Bulundshar. The applicant who seeks to be impleaded as a defendant is not even one of the member mill of the defendant Association but claims to be a Staff Association of one of the member Mill i.e. the Bulundshar.

3. This Court has passed an injunction on 30th June, 2000 which was confirmed on 3rd December, 2001 in terms of prayer Clauses (B) and (C). The effect of injunction admittedly is to restrain the de











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