NASIR JAMAL SHAIKH Vs. ABU ASIM AZMI

JUDGEMENT

(1.) Heard. It is true that the parties are in mediation for an overall settlement. In the meantime, there are three urgent reliefs that are required and these are in terms of prayer clauses (a), (b) and (c) at pages 28 and 29 of the Interim Application:

(2.) For the present, Mr Mehta restricts his relief even for today to prayer clauses (a) and (c). Prayer (a) relates to the 1st Defendant's share of GST liability. Obviously, this is urgent because there is a signifcant interest component that attaches to delayed GST payments. The learned Advocate for the 1st Defendant makes a statement that the same will be paid within one week from today.

(3.) So far as prayer (c) is concerned, at Exhibit 'G' is a list of unpaid employees from May 2019. There are only four entries for the month of May 2019, these being employees unpaid for that month. From June 2019 there are about 12 employees. These persons' salaries were paid up to April 2019. I can see no reason why third parties who have rendered services should be denied salary payments. If there is a dispute between the Plaintif and the 1st Defendant, it is always open to the 1st Defendant to recover the amounts from the Plaintif. In the meantime, the salary payments must be made on a without prejudice basis and the 1st Defendant's Advocate Mr Soni makes that these salary cheques will be signed on that basis within one week from today.