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2025 DAILYLAW 16394 (HP)

THE SHIWALIK COOPERATIVE ROSIN AND GENERAL MILLS LTD v. SATISH DADWAL AND ORS

CMPMO/297/2021 · 2025-09-16

Bipin Chander Negi

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 297 of 2021 Decided on: 16.09.2025 ____________________________________________________ The Shiwalik Cooperative Rosin and General Mills Limited ……….. petitioner Versus Satish Dadwal and others ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : M. Divya Raj Singh and Mr. Karan Veer Singh, Advocates. For the respondents : Mr. Ajay Sharma, Sr. Advocate, with Mr. Atharv Sharma, Advocate, for respondent No.1. : Mr. B.N. Sharma, Additional Advocate General, for respondents No. 2 & 3/State.. ____________________________________________________ Bipin Chander Negi, Judge (oral) By way of the present petition, a challenge has been laid to the impugned judgment dated 16.9.2021, whereby an application filed under Order 7 Rule 11 CPC by the present petitioner/defendant No.3 has been rejected by the trial Court. 2. Heard counsel for the parties. Perused the impugned judgment and the pleadings appended alongwith the present petition. 3. From a perusal of the plaint filed as Annexure P-1, it is evident that the respondent in the case at hand had raised a dispute with respect of condition of service before the trial Court. Since the 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 dispute pertains to condition of service of the respondent/plaintiff, therefore, the trial Court by correctly applying the ratio in Morinda Cooperative Society Sugar Mills Limited vs. Morinda Cooperative Sugar Mills Works Union 2006(6) SCC 80 dismissed the application. 4. I see no reason to differ with a view taken by the trial Court. In view thereof, the present petition being devoid of any merit is dismissed. Parties are directed to appear before the trial Court on 7th October, 2025. Pending miscellaneous application, if any, also stand disposed of. (Bipin Chander Negi) Judge September 16, 2025 tarun