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2025 DAILYLAW 70846 (KAR)

WORKMEN OF DUNLOP POLYMERS LTD., v. M/S MILLERS TRADER PVT LTD.,

WP/17528/2025 · 2025-11-05

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45222 WP No. 17528 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17528 OF 2025 (GM-RES) BETWEEN: WORKMEN OF DUNLOP POLYMERS LTD., REPRESENTED BY DUNLOP POLYMERS EMPLOYEES UNION, A UNIT OF MYSORE DIVISION INDUSTRIAL WORKERS GENERAL REG. NO. MYS 167/78 NO. 2, K.V. BHAVANA, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM, MYSORE 560 009 BY ITS PRESIDENT INCORPORATED UNDER LABOUR UNION ACT …PETITIONER (BY SRI. MAITREYI KRISHNAN., ADVOCATE) AND: 1. M/S MILLERS TRADER PVT LTD., 9, EZRA, ST. KOLKATA, WEST BENGAL, INDIA 700 001 BY ITS CHAIRMAN INCORPORATED UNDER COMPANIES ACT 2. DUNLOP POLYMERS (P) LTD. 139-C, BELAGOLA INDUSTRIAL AREA, METAGALLI MYSORE, MYSORE, KARNATAKA 560 016 THROUGH RESOLUTION PROFESSIONAL M.V. SUDARSHAN, REG. NO. IBBI/IPA-002/IP-N00561/2017-18/1170 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45222 WP No. 17528 of 2025 UTSAV NO.984/13, 8TH MAIN, GIRINAGAR II PHASE BENGALURU - 560085 INCORPORATED UNDER COMPANIES ACT. …RESPONDENTS (BY SRI. HEMANTH.R.RAO, ADVOCATE FOR R2; V/O DTD 28/7/2025, NOTICE TO R1 IS D/W) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE AND QUASH THE ORDER OF THE NATIONAL COMPANY LAW TRIBUNAL DATED 29.05.2025 IN I.A NO. 893/2024 IN CP (IB) NO.123/BB/2019 (PLACED AS ANNEXURE-A)., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs:- i. "Set aside and quash the order of the National Company Law Tribunal dated 29.05.2025 in I.A.No.893/2024 in CP (IB) No.123/BB/2019 (placed as Annexure - A). ii. Allow the Application filed by the Petitioner Union in I.A.No.893/2024 in CP (IB) No.123/BB/2019 (placed as Annexure - K) and implead the Petitioner Union in CP (IB) No.123/BB/2019." - 3 - HC-KAR NC: 2025:KHC:45222 WP No. 17528 of 2025 2. What has been challenged is the order rejecting impleading application filed by the petitioner before the National Company Law Tribunal (NCLT). The petitioner having an alternative efficacious remedy before the National Company Law Appellate Tribunal (NCLAT), has approached the NCLAT. 3. In that view of the matter, extending the interim order granted by this Court on 19.06.2025, until the application for interim stay is considered by the NCLAT, the petition is disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE MH/- List No.: 1 Sl No.: 56