Setu Charitable Trust v. State Of Maharashtra And ANR

wp7632 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7632 OF 2013 Setu Charitable Trust

...Petitioner

vs.

State of Maharashtra & Anr.

...Respondents

Mr.Sandeep Jinsiwale for the Petitioner Ms Aparna Vhatkar, AGP for the respondent No.1 Mr.Milind Ghodke i/b Mr.V.K.Wasnik for respondent No.2 CORAM : A.S.OKA, & A.K.MENON, JJ.

DATE : MARCH 31, 2017 P.C.:

Heard the learned counsel for the petitioner and the learned counsel for the second respondent. The dispute raised in this petition is a contractual dispute. For deciding the dispute, the adjudication of the disputed questions of facts will be necessary. Therefore, in our view, this is not a fit case where writ jurisdiction under Article 226 of the Constitution of India should be allowed to be invoked by the petitioner.

We, therefore, decline to entertain this petition. The petition is disposed of with a liberty to the petitioner to adopt appropriate remedy in accordance with law. If appropriate remedy is adopted, the concerned Court will take a

wp7632 note of the fact that this petition was filed on 10th May 2013 and the same remained pending in this Court till today. All contentions on merits are kept open.

(A.K.MENON,J.) (A.S.OKA,J.)