The Navhind Co.Op. Credit Soc. Ltd. Through Manager Shri Madan Patil v. State Of Maharashtr Through Secretary And ORS
IRESH SIDDHARAM MASHAL SIDDHARAM MASHAL Date: 2022.07.13 12:13:42 +0530 ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2604 OF 2016 CIVIL WRIT PETITION NO. 8453 OF 2011 THE NAVHIND CO. OP. CREDIT SOC.
LTD. THROUGH MANAGER SHRI MADAN PATIL V/s.
STATE OF MAHARASHTRA THROUGH .....RESPONDENT SECRETARY AND ORS CIVIL APPLICATION NO. 1487 OF 2017 CIVIL APPLICATION NO. 2604 OF 2016 CIVIL WRIT PETITION NO. 8453 OF 2011 THE ADDITIONAL COMMISSIONER OF SALES TAX, KOLHAPUR ZON
IN THE MATTER BETWEEN
THE NAVHIND CO. OP. CREDIT SOC.
LTD. THROUGH MANAGER SHRI MADAN PATIL V/s.
STATE OF MAHARASHTRA THROUGH .....RESPONDENT SECRETARY AND ORS 1/5
CIVIL APPLICATION NO. 2567 OF 2016 CIVIL WRIT PETITION NO. 8452 OF 2011 THE SAHYADRI COOPERATIVE CREDIT SOCIETY LTD. BELGAUM V/S.
STATE OF MAHARASHTRA AND ORS ....RESPONDENTS INTERIM APPLICATION NO. 477 OF 2022 CIVIL APPLICATION NO. 2567 OF 2016 INTERIM APPLICATION NO. 473 OF 2022 ATHARV INTERTRADE PVT. LTD.
IN THE MATTER BETWEEN
THE SAHYADRI COOPERATIVE CREDIT SOCIETY LTD. BELGAUM V/S.
STATE OF MAHARASHTRA AND ORS ....RESPONDENTS CIVIL APPLICATION NO. 1476 OF 2017 CIVIL APPLICATION NO. 2567 OF 2016 THE ADDITIONAL COMMISSIONER OF SALES TAX KOLHAPUR ZONE
IN THE MATTER BETWEEN
2/5
THE SAHYADRI COOPERATIVE CREDIT SOCIETY LTD. BELGAUM V/S.
STATE OF MAHARASHTRA AND ORS ....RESPONDENTS CIVIL APPLICATION NO. 299 OF 2018 CIVIL WRIT PETITION NO. 8453 OF 2011 THE TASGAONKAR SUGAR MILL LTD.
V/S.
THE NAVHIIND COOPERATIVE CREDIT ....RESPONDENT SOCIETY LIMITED CIVIL APPLICATION NO. 300 OF 2018 CIVIL WRIT PETITION NO. 8452 OF 2011 THE TASGAONKAR SUGAR MILL LTD.
.....APPLICANT V/S.
THE SAHYADRI COOPERATIVE CREDIT ....RESPONDENT SOCIETY LIMITED Mr. Shriniwas s. Patwardhan for original/ Petitioner Advocate for the Applicant Mr. S. H. Kankal, AGP for Respondent nos. 1 to 4 Mr. Chetan G. Patil for Respondent no. 5 Mr. Shekhar Jagtap a/w Sairuchita Choudhary a/w Mayuresh Ingale 3/5
a/w Shubham Gade a/w Padmaja Malgaonkar i/b J. Shekhar & Co. for Respondent no. 6 Mr. Suresh Kumar for Respondent no. 9 None for Respondent no. 8 CORAM :
NITIN W. SAMBRE, J.
DATE:
JULY 11, 2022.
P.C.:
1) Heard.
2) In view of the order of the Apex Court dated 28/03/2016 in Civil Appeal No. 1840 of 2013, particularly as mentioned in para 14 which reads thus:
"14. For the reasons, as discussed above, both the appeals deserve to be allowed. Accordingly, the appeals are allowed. The impugned judgment and other dated 10.2.2012, passed in Writ Petition Nos. 8452 of 2011 and 8453 of 2011 is set aside. We direct the authorities concerned to disburse the amount in the light of the observations made above regarding entitlement of the appellants with precedence over the dues payable to workers and sugarcane farmers, under Sugarcane (Control) Order 1966. However, we clarify that the amount already distributed shall not be recovered from the workers and the sugarcane farmers. There shall be no order as to costs."
4/5
I hardly see any reason so as to entertain the Applications. 3) Mr. Partwardhan, counsel appearing for the Applicants informed that already objectors preferred Application for clarification which was rejected vide order dated 18/08/2018 in I.A.D. No. 8731 and 8732/2018 in Civil Appeal Nos. 1840 and 1841/2013. 4) In view of above, I hardly see any reason which warrants consideration of the prayer made in Civil Application No. 2604 of 2016 and Civil Application No. 2567/2016. Applications stand disposed of relegating the parties to approach before the Authorities concerned for disbursement of the amount as directed by the Apex Court.
5) In view of disposal of Civil Application Nos. 2604/2016 and 2567/2016, nothing survives in other remaining Applications. They stand disposed of accordingly.
[NITIN W. SAMBRE, J.] 5/5