Ms Minakshi Maheshwari Vs. K.P.M.G

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.963 OF 2008

Ms Minakshi Maheshwari .... Petitioner Vs. K.P.M.G. (India) Private Limited & Ors. .... Respondents

Ms Indira Jaisingh, Senior Counsel a/w Ms Gayatri Singh for the Petitioner.

Sarvasri Saleh Doctor, Senior Counsel a/w Kevik Setalwad i/b M/s. AZB Partners for the Respondent Nos.1 and 2. Sri N.P. Pandit, AGP, for the Respondent Nos.4 and 5.

CORAM: SRI R.M.S. KHANDEPARKAR & SRI A.A. SAYED, JJ.

DATED: JULY 23, 2008

P.C: 1. Heard. Rule, returnable early.
2. As regards the interim relief is concerned, taking into consideration the provisions of law comprised under The National Commission for Women Act, 1990 and the Maharashtra State Commission for Women Act, 1993 as well as the materials on record and in view of the statement made on behalf of Ms Anagha Sarpotdar {the respondent No.3 in Writ Petition No.1107 of 2008, filed by the respondent Nos.1 and 2 herein} to recuse herself from being a member of the inquiry committee, we pass the following interim order:

(i) While accepting the statement on behalf of Ms Anagha Sarpotdar to recuse herself from being a member of the inquiry committee constituted by the Commission, the latter is required to fill in the vacancy caused on account of Ms Anagha Sarpotdar recusing herself from being a member of the said committee as early as possible and possibly within two weeks.

(ii) During the pendency of the hearing and final disposal of this petition, the Commission is expected to perform their obligation and duties under the Act with reference to the complaint filed by the petitioner in accordance with the provisions of law as expeditiously as possible and further to submit the report to the Government within six months from today. All the parties who are bound to co-operate with the Commission for conclusion of the inquiry are expected to render all the necessary co-operation to the Commission in this regard.

(iii) As regard the scope of the inquiry, it is not necessary for this Court to give any direction at this stage as prima facie the letter dated 8-10-2007 by the National Commission for Women, addressed to the Member Secretary of the Maharashtra State Commission for Women, the copy of which is to be found as Exhibit-T on page 177 of the petition, is very clear.

3. The ad-interim order passed earlier stands vacated.

4. The learned counsel for the respondent Nos.1 and 2 prays for stay of the order passed today. We find no case for stay of the order passed. The request for stay is rejected.

(A.A.Sayed, J.)

(R.M.S.Khandeparkar, J.)