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2018 Supreme(Bom) 1298

R.M.BORDE, A.M.DHAVALE
Madhusudan Zumbarlal Sarda – Appellant
Versus
State of Maharashtra, Through the Principal Secretary, Revenue and Forest Department – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.R. Mantri, Advocate
For the Respondent:Mr. P.K. Lakhotiya, A.G.P., Mr. P.V. Barde, Advocate

JUDGMENT :

A.M. Dhavale, J.

1. Heard.

2. Rule. Rule returnable forthwith. With the consent of the parties, petition is taken up for final disposal at the stage of admission.

3. The petitioner assails the recovery certificate including warrant for arrest and commitment to civil prison issued against him by Sub Divisional Officer, Ahmednagar (Respondent No.3) dated 10.10.2015 and tried to be enforced by Police of Topkhana Police Station (Respondent No. 5) and seeks writ of prohibition restraining respondents from pursuing the recovery certificate personally against the petitioner and implementing warrant of arrest against him.

4. The petitioner is Managing Director of Public Limited Company, 'Sarda Fashions Ltd.' which is changed to 'Sarda Information Technology Ltd.' Respondent Nos. 6 to 9 were employees of the said company. They filed ULP proceeding No. 77 of 2003 in the Industrial Court, Ahmednagar for recovery of their dues from the company and for other declarations. The company took a stand that respondent Nos. 6 to 9 had taken voluntary resignation. Industrial Court issued directions for recovery of dues of respondent No. 6 to 9 against the company and issued recovery certificate i



























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