2

1. Advocates for the Plaintiffs notice of Notice of Motion

2. Notice of Motion

3. The suit

back to Legal Update / home

IN THE HIGH COURT OF JUDICATURE OF OMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION NO. __________ OF 2001

SUIT NO ___________ OF 2001

Dow Chemical International Private Limited ....... Plaintiff

V/s

The National Campaign for the Justice in Bhopal & Ors. ..........Defendants

INDEX

Sr. No. Particulars

1. Proforma

2. Notice of Motion

3. Affidavit of Ravi Muthukrishnan dated ______ in support of Notice of Motion

4. Exhibit-1 to Exhibit-15 - Photographs of the damaged property

5. Exhibit-16 - Copy of the artcile published in the Times of India dated March 2, 2001

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION NO. OF 2001

IN

SUIT NO. OF 2001

DOW CHEMICAL INTERNATIONAL PVT. LTD. )

a Company incorporated under the Companies Act, )

1956, having its office at Unit No.1, Corporate Park )

V N Purav Marg, Chembur, BOMBAY 400 07 ) ...... Plaintiff

Versus

1. The National Campaign for Justice in Bhopal )

Having its office at A-54.3, Housing Board Colony )

Aishbag, )

BHOPAL 462 001 )

2. Nirashrit Pension Bhogi Sanghat-sh Morcha, )

Bhopal )

3. Bhopal Gas Peedith Mahila Stationery )

Karmachari Sangh )

4. Bhopal Group for Information & Action )

5. Girni Kamgar Sangharsh Samiti )

6. Maharashtra Kamgar Sangharsh Samiti )

7. Indian Federation of Trade Unions )

8. Nari Atyachar Virodhi Manch    )

9. Sarva Mazdoor Sarigh    )

10. Vinod Shetty, Vice President, Maharashtra Kamgar Sami    )
11.   Pravin Anant Ghag, Jt. Secretary, Girni Kamgar Sangharsh Samiti    )

12. Shri Anthony Sami, Lokshahi Hakk Sanghatana    )

13. Smt. Rashidabi, Gas affected Mahila, Karmachari Sanghatana, Bhopal   )

14. Smt. Champa Devi Shukla, Gas Peedit Mahila, Karm Sangh, Bhopal    )

15. Siddharth Yogendra Prasad Roy - Recordist    )

16. Neeraj Mohan Sahay - Cameraman    )

17. Ganesh Nichore - Narmada Bachao )

...... Defendants

the Defendants No. 2 to 17 having their address at C/o. A-543, Housing Board Colony, Aishbag, BHOPAL 462 001

2. Notice of Motion

TAKE NOTICE that this Hon'ble Court will be moved before His Lordship The Hon'ble Mr. Justice ________ on the _______ day of March, 2001 at 1 1:00 O'clock (IST) in the forenoon or soon thereafter as Counsel can be heard by Court on the part of the Plaintiff abovenamed for the following reliefs:

a) Pending the hearing and final disposal of the above suit, Defendants be restrained by order and injunction from mobbing/picketing and/or attacking and/or damaging arid/or holding demonstration etc., outside the office premises of the Plaintiff situated at Unit No.1, Corporate Park, V N Purav Marg, Chembur, Bombay 400 071 and / or premises at Sakhi House Corporate Park, V N Purav Marg, Chembur, Bombay 400 071 and/or situated at Pirojsha Nagar, Godrej Soap Coi-nplex, Eastern Express Highway, Vikhroli, Mumbai - 400 079 and/or premises at Paras Complex, Mumbai Goa Road, Near Palaspa Phata, Taluka, Panvel, Dist Raigad, and/or premises situated at 81, Apsara, Bhojwani Enclave Nargis Dutt Road, Pali Hill Bandra (West) Bombay 400 050 and in no event within the radius of 100 Mts. from the Plaintiff's premises situated at Unit No. 1, Corporate Park, V N Purav Marg, Chembur, Bombay 400 071 and / or premises at Sakhi House Corporate Park, V N Purav Marg, Chembur, Bombay 400 071 and/or situated at Pirojslia Nagar, Godrej Soap Complex, Eastern Express Highway, Vikhroli, Mumbai - 400 079 and/or premises at Paras Complex, Mumbai Goa Road, Near Palaspa Phata, Taluka, Panvel, Dist Raigad, and/or premises situated at 81, Apsara, Bhojwani Enclave Nargis Dutt Road, Pali Hill Bandra (West) Bombay 400 050;

b) Pending the hearing and final disposal of the above suit for an order directing the Defendants to give free ingress and egress to all the employees, staff, officers and/or visitors of the Plaintiff and the Plaintiff and/or its employees, staff, officers and/or visitors be not harassed in any mariner whatever;

c) For interim and ad-interirn reliefs in terms of prayer clauses (a) and (b) above;

d) For the cost of this Notice of Motion;

e) For such other and further reliefs as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.

Dated this _________ day of March, 2001

This Notice of Motion is taken out by )

Mr. Mustafa S. Motiwala, Advocate for the )

Appellant, having his office at C/o. Dua )

Associates, Nirmal, 1 gth Floor, Nariman )

Point, Mumbai - 400 021. )

(Mustafa S. Motiwala)

Advocate for the Plaintiff

To,

(1) National Campaign for Justice in Bhopal

(2) Nirashrit Pension Bhogi Sangharsh Morcha, Bhopal

(3) Bhopal Gas Peedth Mahila Stationery Karmachari Sangh

(4) Bhopal Group for Information & Action

(5) Girni Kamgar Sangharsh Samiti

(6) aharashtra Kamgar Sangharsh Sai-niti

(7) Indian Federation of Trade Unions

(8) Nari Atyachar Virodhi Manch

(9) Sarva Mazdoor Sangh

(10) Vinod Shetty

(11) Pravin Anant Ghag

(12) Anthony Sami

(13) Rashidabi

(14) Champa Devi Shukla

(15) Siddharth Yogendra Prasad Roy

(16) Neeraj Mohan Sahay

(17) Ganesh Nichore

The Defendants abovenamed

N.B.: Please note that the Affidavit of Ravi Muthukrishnan dated the _____________ day of March, 2001 will be used in support of this Notice of Motion.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION NO. OF 2001

SUIT NO OF 2001

Dow Chemical International Private Limited ....... Plaintiff

V/s

The National Campaign for the Justice in Bhopal & Ors ... Defendants

Affidavit of Ravi Mutukrishnan:

1, Ravi Muthukrishnan of Mumbai Indian Inhabitant residing at 81, Apsara, Bliaojwani Enclave, Nargis Dutt Road, Pali Hill, Bandra, Mumbai - 400 050 of the Plaintiff abovenamed, do hereby solemnly declare and say as under:

1 . I say that I am aware of facts of the case and am able to depose to the same.

2. 1 say that the Plaintiffs have filed the present suit for a decree directing the Defendants to pay to the Plaintiff a surii of Rs. 77,000/- (Rupees Seventy seven tl)ousand only) with interest at the rate of 21 % ft om the date of filing of the suit till the date of payment, for permanent injunction restraining the Defendants from rnobbing/picketing and/or attacking and/or damaging and/or holding demonstration etc., outside the office premises of the Plaintiff situated at Unit No.1, Corporate Park, V N Purav Marg, Chembur, Bombay 400 071, in no event within the radius of 100 Mts. from the Plaintiff's premises situated at Unit No.1, Corporate Park, V N Purav Marg, Chembur, Bombay 400 071 and other premises described in the Plaint; and for iriterini injunction, pending the hearing and final disposal of the above suit, restraining the Defendants from mobbing/picketing and/or attacking and/or damaging and/or holding demonstration etc., outside the office premises of the Plaintiff situated at Unit No.1, Corporate Park, V N Purav Marg, Chembur, Bombay 400 071 and other prem ises described in the Plaint; and in no event within the radius of I oo Mts. from the Plaintiff's premises situated at Unit No.1, Corporate Park, V N Purav Marg, Chembur, Bombay 400 071 and other premises described in the Plaint and for orders, pending the hearing and final disposal of the above suit, directing the Defendant to give free ingress and egress to all the employees, staff, officers and / or visitors of the Plaintiff and the Plaintiff and/or its employees, staff, officers and/ or visitors be not harassed in any manner whatsoever; for interim and ad-interim reliefs.

3. For the sake of brevity, I repeat, reiterate and confirm whatever is stated in the Plaint as if the same has been set out herein seriatim. I crave leave to refer to and rely upon the Plaint when produced.

4. 1 say that on February 28, 2001, the office of the Plaintiff situated at Unit No. 1, Corporate Park, V.N. Purav, Mumbai - 400 071 threw colours at the said office premises, employee's cars and damaged the Plaintiff's name plate, etc. as set out in the Plaint. I say that immediately after the above incident, the Plaintiff clicked photographs of the damage done by the Defendants, to the said premises. Annexed hereto and marked Exhibit - 1 to Exhibit - 15. are the photographs showing damage done to the said premises and property of the Plaintiff.

5. 1 say that the act of the Defendants mobbing the said office of the Plaintiff was reported with prominence in the daily issue of the Times of India dated March 2, 2001. Annexed hereto and marked Exhibit - 16 is a copy of the article reported in the issue dated March 2, 2001 reported in the Times of India.

6. 1 say that if the reliefs as claimed for in the above Notice of Motion are not granted by this Hon'ble Court, the Plaintiff shall suffer grave loss harm and injury whereas if the said reliefs are granted, the Defendants shall not suffer any harm loss or injury or put to inconvenience. I say that, therefore, the balance of convenience is clearly in favour of the Plaintiffs.

In view of the above, I submit that the above Notice of Motion be made absolute with costs.

Solemnly affirmed at Mumbai this day of March, 2001

Before Me

Mustafa Motiwala

Advocate for the Plaintiff

Exhibits 1-15: photographs of alleged damage

Exhibit 16: Bhopal gas victims stage rally: Memorandum urges MNC to accept criminal liability. Article published in the Times of India, March 2nd 2001