acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10377 OF 2009 Forstar Frozen Foods Pvt.Ltd. ..Petitioner V/s. Hemchandra S. Fhulsundar. ...Respondent. ----- Mr. R.S. Pai, Sr. counsel with Mr. G.M. Thomas, for the Petitioner. Mr. C.S. Joshi, for the Respondent. ------ CORAM : S.J. VAZIFDAR, J. DATED : 3 rd MARCH, 2010. P.C: 1. The impugned order warrants no interference. 2. An application for restoration of the complaint was made by the Petitioner. The Petitioner contended that the award passed on 30.11.2005 was exparte award. Without deciding his application the Labour Court proceeded to frame the issues pertaining to the complaint. By the impugned order the Industrial Court has rightly held that this should not be done till the application for setting aside the award dated 30.11.2005 was decided. 3. In the circumstances, the Writ Petition is dismissed.