1 2-9-388-396-08.sxw Spb/- IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 388 OF 2008 IN LETTERS PATENT APPEAL NO. 396 OF 2008 IN WRIT PETITION NO. 8099 OF 2007 M/s. Wyeth Limited .. Appellant. V/s. Wyeth Employees Union & Anr. .. Respondents. --- Mr. J.P. Cama,Sr. Advocate with V.P.Sawant & Ms. N.R.Patankar for the Appellant. Mr. S.K.Singhavi i/by Bennet D Costa for the Respondents. --- CORAM : D.K.DESHMUKH AND N.D.DESHPANDE,JJ. DATED: 02nd SEPTEMBER,2010 P.C.: 1. We have admitted the appeal. 2 The complaint was withdrawn in April, 2005. Then the application was made for revival of the complaint in November, 2005. That application was rejected as according to the court it did not have power to entertain the application. That order is 2 2-9-388-396-08.sxw dated 05.05.2007. The learned Judge has held that the court had power to consider the application because there were allegations made that the complaint was withdrawn because of fraud. Perusal of the application that was made for revival at least prima facie shows that there are no allegations of fraud. The only contention that appears to have been raised is that the Secretary, who signed the application for withdrawal of the complaint, did not have authority to do so. However, why he lacked the authority to sign the application is not mentioned anywhere. Reference is made to the General Body Resolution passed on 31st March, 2004. Admittedly, at that time, the complaint itself was not pending. The application for revival is said to have made pursuant to the resolution of the General Body dated 31st July, 2005. That resolution talks of initiation of proceedings, challenging the termination. In our opinion, as even the learned single Judge has found that there is no power of review conferred by the Act under which the proceedings were filed and when prima facie we find 3 2-9-388-396-08.sxw that there are no allegations of fraud, in our opinion, further proceedings pursuant to the order of the learned single Judge will have to be stayed. 3 Civil application is therefore, granted in terms of prayer clause (a). Civil Application is disposed of accordingly. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)