1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1869 OF 2008 IN WRIT PETITION NO.4693 OF 2005 Atmaram Y. Sawant and others ..Applicants. Vs. M/s. Fancy Corporation Ltd. and others ..Respondents. .... Mr. S.I. Kazi with Mr. Y.M. Parkar for the Applicants. Mr. V.P. Vaidya i/b Mr. P.M. Palshikar for Respondents 1 to 4. Mr. M. Siodia with Mr. Sunil Patel i/b M/s. Sunil & Co. for Respondent No.5. .... CORAM: DR. D.Y. CHANDRACHUD, J. 1st October, 2008. P.C. : The relief that has been sought in the Civil Application is (i) a direction for disclosure of assets of the company and of all the individual directors and (ii) an order of injunction against the creation of any third party rights in respect of the assets of the company and of the individuals concerned. The complaint of unfair labour practices has been dismissed by the Industrial Court. The Petition has been admitted. Prima facie, at this stage it would 2 appear from the observations of the Industrial Court in paragraph 22 of the judgment that all the complainant workmen were given notice pay and compensation under Section 25-FF of the Industrial Court and that they were paid their gratuity and legal dues. In the affidavits which have been filed in reply it has been stated that a sale transaction has already taken place between the First and Fifth Respondents on 30th September, 2001 and that the deed of conveyance was registered on 24th March, 2006. The prayer for disclosure of assets is in the nature of a fishing enquiry which cannot be entertained at this stage. An order of injunction also cannot be passed restraining the company from dealing with its assets. As already noted above, a sale transaction has already taken place and the conveyance has been registered. In the circumstances, no relief can be granted in the Civil Application which shall accordingly stand disposed of. The hearing of the Petition is, however, expedited. Liberty to the parties to apply for a fixed date of hearing after Diwali recess. ***** 3