1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.356 OF 2008 IN COMPANY PETITION NO.966 OF 2007 WITH COMPANY APPLICATION NO.53 OF 2008 Dyes and Chemical Workers Union ...Appellants v/s J.D. Orgochem Ltd. And others ...Respondents Ms Gayatri Singh for Appellants. Mr S.U. Kamdar, Sr. Counsel i/b M/s Hemant Sethi and Co. for Respondents. Mr C.J. Joy for Registrar of Companies. CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE : 22ND JUNE 2009. 2 P.C. :- 1] Two contentions have been raised. The first contention is that there is a clause in the scheme that the workers dues were to be paid within 60 days of the confirmation of the sale by the Asset Reconstruction Company (India) Ltd. That has not been done. The second contention urged is that under the scheme, Patalganga plant was to be revived by a particular date and the workers at Turbhe plant were to be accommodated there. Perusal of the order of the learned Single Judge shows that both these points have not been dealt with by the learned Single Judge. According to the learned counsel, these points were raised but were not considered by the learned Single Judge. However, according to the respondents, these points were never urged before the learned Single Judge. In this view of the matter therefore, in our opinion, we cannot entertain the appeal to judge the validity of the order on the points referred to above. Appeal is dismissed with no order as to costs. 3 Notice of motion No.3385 of 2008 is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.S. MOHITE )