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(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


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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.


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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)
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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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