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2023 Supreme(Del) 1465

TUSHAR RAO GEDELA
Sanjeev Kumar Bhakri – Appellant
Versus
Alembic Limited – Respondent


Advocates appeared:
Mr. Nakul Mehta, Ms. Misha Rohtagi, Mr. Bharat Monga and Ms. Riya Dhingra, Advocates, for the Petitioner.
Ms. Gurukamal Hora Arora, Mr. Amit Bhatnagar and Mr. Jaiswal, Advocates, for the Respondent-1.
Mr. Kunal, Mr. Kunal Mimani and Mr. Shubhang Tandon, Advocates, for the Respondent-2.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 23883/2023 & CM APPL. 23884/2023

1. Exemption is allowed, subject to all just exceptions.

2. However, the certified copies of the exempted documents may be filed within four weeks from today.

3. Applications stand disposed of.

CM(M) 758/2023 & CM APPL. 23882/2023

4. The petitioners challenge the order dated 02.05.2023 in IA No. 03/2023 in RCT No.24/2023 titled `Sanjeev Kumar Bhakri Vs. Alembic Ltd.' whereby the learned RCT in an application seeking early hearing has varied the stay order passed by the learned RCT on 10.04.2023.

5. Learned counsel appearing for the petitioner submits that in the garb of the early hearing application, the learned RCT could not have varied the stay order granted on 10.04.2023 without notice to the petitioner or hearing the petitioner on such variation.

6. Ms. Gurkamal, learned counsel appearing for the respondent No.1 submits that the learned RCT had passed the order for balancing the equities only and it is only on that ground that the learned RCT has permitted variation of the stay order and permitted the respondent to use the toilet which was on

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