1 caw977-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ttm CIVIL APPLICATION NO.977 OF 2011 IN WRIT PETITION NO.2290 OF 2006 Industrial Guards Services Pvt.Ltd. .. Applicant Vs. Union of India and Ors. .. Respondents Mr.J.B.Mishra for the applicant Mr.Suresh Kumar for respondent nos.2 and 3 CORAM : D.B.BHOSALE & K.K. TATED, JJ. DATE : 14TH NOVEMBER, 2011. P.C. 1. Mr.Suresh Kumar, learned counsel for respondent nos.2 and 3 at the outset invites our attention to the order dated 20.10.2010 (Exhibit ‘E’ to their reply affidavit) and submits that the petition as well as Civil Application have become infructuous and the only remedy to the petitioner is to challenge the said order (20.10.2010) in appropriate proceedings. 2. Having confronted with this, learned counsel for the petitioner prays for withdrawal of the Writ Petition and Civil Application with liberty to the petitioner to challenge the order dated 20.10.2010 passed by the 2 caw977-11.doc Employees' Provident Fund Appellate Tribunal in ATA NO.390(9)2005 in appropriate proceedings. Further, he seeks direction to respondent nos.2 and 3 not to take any coercive action against the petitioner for a period of three weeks from today. 3. Mr.Suresh Kumar, the learned counsel for respondent nos.2 and 3 makes a statement that they shall not take any coercive action for a period of three weeks from today. 4. In view of the submissions made by learned counsel for parties, we are satisfied that the following order shall meet the ends of justice: a) It is open to the petitioner to challenge the order dated 20.10.2010 passed by Employees' Provident Fund Appellate Tribunal in ATA No. 390(9)2005 in appropriate proceedings within a period of three weeks from today and to seek appropriate interim relief in those proceedings. c) For a period of three weeks from today, respondent nos.2 and 3 shall not take any coercive action against the petitioner. While making these observations, we shall not be understood to have examined merits of the case and it is made clear that we have made such observation in view of the submissions of learned counsel for the parties. 3 caw977-11.doc d) Writ petition as well as Civil Application both are disposed of as withdrawn. e) Show cause notice issued vide order dated 2.8.11, in view of the peculiar facts and circumstances of the case, is discharged. (K.K. TATED, J.) (D.B. BHOSALE, J.)