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    Bhajan Kirtan

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    iona_hegde
    The document summarizes the respondent's arguments against granting interim relief to the complainant in the case. It argues that (1) the complainant has not proven immediate harm and interim relief is not warranted, (2) the balance of convenience favors the respondents, and (3) rejecting interim relief while allowing the full complaint to proceed would not harm the complainant. It requests that the court reject the interim relief application in its entirety.

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    Bhajan Kirtan

    Uploaded by

    iona_hegde
    87 views4 pages
    The document summarizes the respondent's arguments against granting interim relief to the complainant in the case. It argues that (1) the complainant has not proven immediate harm and interim relief is not warranted, (2) the balance of convenience favors the respondents, and (3) rejecting interim relief while allowing the full complaint to proceed would not harm the complainant. It requests that the court reject the interim relief application in its entirety.

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    Bhajan Kirtan

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    The document summarizes the respondent's arguments against granting interim relief to the complainant in the case. It argues that (1) the complainant has not proven immediate harm and interim relief is not warranted, (2) the balance of convenience favors the respondents, and (3) rejecting interim relief while allowing the full complaint to proceed would not harm the complainant. It requests that the court reject the interim relief application in its entirety.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    87 views4 pages

    Bhajan Kirtan

    Uploaded by

    iona_hegde
    The document summarizes the respondent's arguments against granting interim relief to the complainant in the case. It argues that (1) the complainant has not proven immediate harm and interim relief is not warranted, (2) the balance of convenience favors the respondents, and (3) rejecting interim relief while allowing the full complaint to proceed would not harm the complainant. It requests that the court reject the interim relief application in its entirety.

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    © All Rights Reserved
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    of 4

    (i) case, nor any case exists to grant the Complainant any

    reliefs. I say that in the absence of immediate

    irreparable injury to the Complainants alleged rights,

    which cannot be compensated in terms of damages, no

    interim relief can or ought to be granted.

    (ii) I submit that the balance of convenience is in favour of

    the Respondents and not in favour of the Complainant.

    I further submit that if the Interim Reliefs as prayed for

    are granted and the Complaint is finally dismissed,

    grave and serious prejudice will be caused to the

    Respondents as a consequence of grant of reliefs as

    prayed for by the Complainant in the Application for

    Interim Relief.

    (iii) I further submit that on the other hand if the

    Application for Interim Relief is rejected and the

    complaint is finally allowed (and it is respectfully

    submitted that there are no grounds to be doing so),

    then this Honble Court will have full powers and

    jurisdiction to grant ultimate relief to the Complainant.

    I humbly submit that under section 30 of the Act, this

    Honble Court has no jurisdiction to compensate the

    Respondents who will be prejudicially affected by the


    2

    grant of ad-interim reliefs, pending hearing and final

    disposal of the complaint.

    (iv) I submit that the Interim Reliefs can only be granted

    after taking into account all the circumstances,

    including the manner in which the interest of the

    Respondents can be safeguarded in case this Honble

    Court ultimately finds that the complaint is

    misconceived and untenable at law.

    7) In view of what has been stated in the foregoing paragraphs and in

    view of the factual position explained therein, I pray that this

    Honble Court may be pleased not to grant any reliefs to the

    Complainant as prayed for in the Application for Interim Reliefs or at

    all and this Honble Court may be further pleased to reject in toto

    the Application for Interim Reliefs filed by the Complainant.

    4) I say that in view of the statements and submissions made in the

    foregoing paras, I submit that the Complainant has miserably failed

    in making out any case whatsoever, much less a prima facie case

    and therefore I humbly submit that the Complainant is not entitled

    to any relief at all, much less the reliefs prayed for in the Application

    for Interim Relief and hence, this Honble Court may be pleased to

    reject the same in toto and may be further pleased to reject the

    application for Interim Relief with punitive cost.


    3

    5) I say that those of the allegations levelled in the Complaint by the

    Complainant which have not been specifically refuted and/or denied

    may not be deemed to be admitted by me. I say that any allegation

    levelled by the Complainant that is contrary to and/or inconsistent

    with what has been deposed by me in the foregoing paras of this

    Affidavit may be deemed to have been denied.

    6) I crave leave to file and refer to and rely on documents referred to in

    this Affidavit and further crave leave to file such other and further

    documents as and when required.

    7) I solemnly declare and verify that the statements and averments

    and declarations made by me herein above are true to the best of my

    knowledge, information and belief and the legal submissions are

    based on the legal advice received by me and I believe the same to

    be true.

    SOLEMNLY AFFIRMED AT MUMBAI

    ON THIS 6th DAY OF APRIL 2009

    DEPONENT

    IDENTIFIED BY ME

    NITIN R. THAKUR

    (REPRESENTATIVE)
    4

    IN THE INDUSTRIAL COURT AT MUMBAI

    COMPLAINT (ULP) NO.123 OF 2009

    Hemlines Textile Exports Pvt. Ltd. Complainant

    V/s

    Shivsangram Kranti Kamgar Sabha & Anr. Respondents

    MAY IT PLEASE THIS HONBLE COURT:

    The Respondents above-named beg to file herewith the following

    authority in support of their contentions. The same may kindly be taken

    on record.

    1) 2000 I CLR page 726, Del H.C.

    Asian Hotels Ltd., V/s Asian Hotels Employees Union & Ors.

    MUMBAI

    DATED: 06.04.2009

    FOR THE RESPONDENTS

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