M/S Rajesh Steel Industries v. Development Corporation Kokan Ltd And ORS

906-WP.3862.1996.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3862 OF 1996 Rajesh Steel Industries and Anr.

} Petitioners versus Development corporation of } Konkan Ltd. and Ors.

} Respondents Mr. P. C. Joshi i/b Mr. N. B. Shah for the petitioners.

Mr. V. A. Sonpal - Special Counsel for respondent nos. 2 and 3.

CORAM :- S. C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATED :- JULY 19, 2016 P.C. :- 1) Heard both sides on the application for speaking to the minutes. Although the judgment records that the challenge to the assessment order is not pressed, it is apparent that for the relevant assessment years, the respondents will have to apply the law laid down by this court in the judgment. If that is done by invoking the appropriate powers under the Bombay Sales Tax Act, 1959 and the Rules framed thereunder, we do not think that the petitioners' grievance would survive. Accordingly, all the appellate orders stand modified or set aside in terms of this judgment. The respondents shall accordingly revise the J.V.Salunke,PA

906-WP.3862.1996.doc assessments and in tune with the judgment of this court. All consequential benefits shall be allowed.

2) With the above clarification, the praecipe for speaking to the minutes is disposed of.

(DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA