Century Rayon And ANR. v. The State Of Maharashtra And ORS.

1 of 2 13.CAW.2082.2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2082 OF 2018 IN WRIT PETITION NO.1261 OF 2002 Century Rayon and another Applicants versus The State of Maharashtra and another Respondents Mr.Ranjeev Carvalho with Mr.Siddhant Dhavale i/by Manilal Kher Ambalal & Co. for Applicants.

Mr.V.S.Gokhela, `B' panel AGP for Respondent nos.1 and 2 State. CORAM : A.A.SAYED AND PRAKASH D. NAIK, JJ.

DATE : 1st October 2019 PC :

1.

The Civil Application is taken out to delete prayer clause (a)- (III) of the Petition, which reads as follows : "(a)-(III) The Hon'ble Court be pleased to hold and declare that the Respondents are bound and liable to classify the Petitioner No.1 under category B of the Resolution GR/WTR-1088/745 dated 10.9.1991 (Exhibit B hereto) as amended by the corrigendum dated 5.7.1993 (Exhibit C hereto) and levy water charges on Petitioner No.1 thereunder and as per actual water consumption and as per the reduced quota as prayed for in prayer clause a(iv);"

2.

It is the case of the Applicants-original Petitioners that the aforesaid prayer is also made in the Plaint in Special Civil Suit No.315 of 1993. The said prayer is reproduced in paragraph 4 of the Civil Application and reads as under :

2 of 2 13.CAW.2082.2018.doc "(dd)It be declared that the Plaintiff falls under category `B' (prior to clarification. Category `A-4(b)') or alternatively, under category `A-4' (prior to clarification category `A-4(a)."

3.

In the facts and circumstances of the case, keeping all contentions of the Respondents open, we allow the Civil Application in terms of prayer clause (a). Amendment be carried out within a week from today.

4.

The Civil Application to stand disposed of.

(PRAKASH D. NAIK, J.) (A.A.SAYED, J.) MST