The State Of Maharashtra And ORS. v. The Poona Club Limited
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5861 OF 2017 Bramhacorp Leisure Club Pvt Ltd ..Petitioner Vs.
The State of Maharashtra and Others ..Respondents WITH CIVIL APPLICATION NO.1928 OF 2017 IN WRIT PETITION NO.5861 OF 2017 The State of Maharashtra and Others ..Applicants Vs.
Brahmacorp Leisure Club Pvt Ltd WITH WRIT PETITION NO. 5862 OF 2017 Dorabjee and Co Pvt Ltd ..Petitioner Vs.
The State of Maharashtra and Others ..Respondents WITH CIVIL APPLICATION NO.1929 OF 2017 IN WRIT PETITION NO.5862 OF 2017 The State of Maharashtra and Others ..Applicants Aswale 1/4
Vs.
Dorabjee and Company Pvt Ltd WITH WRIT PETITION NO. 5863 OF 2017 The Ladies Club ..Petitioner Vs.
The State of Maharashtra and Others ..Respondents WITH CIVIL APPLICATION NO.1930 OF 2017 IN WRIT PETITION NO.5863 OF 2017 The State of Maharashtra and Others ..Applicants Vs.
The Ladies Club Pune WITH WRIT PETITION NO. 5864 OF 2017 The Poona Club Ltd ..Petitioner Vs.
The State of Maharashtra and Others ..Respondents WITH CIVIL APPLICATION NO.1931 OF 2017 IN WRIT PETITION NO.5864 OF 2017 The State of Maharashtra and Others ..Applicants Vs.
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The Poona Club Ltd Mr. S. R. Ganbavale, for the Petitioners.
Mr. S. B. Kalal, AGP, for the Respondent State. CORAM :- SHANTANU S. KEMKAR & SMT. ANUJA PRABHUDESSAI, JJ.
DATE :- SEPTEMBER 13, 2017.
P. C.:
Not on Board. Taken on Production Board in view of the urgency.
The learned counsel for the Petitioners submits that in view of the order passed by the Supreme Court on 11th July, 2017 in Special Leave Petition (Civil) No.10243 of 2017 (Arrive Safe Society of Chandigarh v/s the Union Territory of Chandigarh Haryana Excise and Taxation Department and Another), the Petitioners are entitled to run their respective shops/restaurants/establishments. The learned AGP submits that the cases of all the writ Petitioners shall be examined and appropriate orders in terms of the judgment passed by the Supreme Court will be passed.
In view of the aforesaid statement being made by the learned AGP, we dispose of these Petitions by directing the competent Aswale 3/4
authority of Respondent State to examine the Petitioners' claim and in case the same is covered by the judgment of the Supreme Court as aforesaid (supra), appropriate orders to that effect be passed. Let this be done within one month from the date of receipt of copy of this order. Interim order passed earlier is continued till the fresh decision is taken by the Competent Authority of Respondent State as aforesaid.
All the Writ Petitions are disposed of accordingly. In view of this order, all Civil Applications stand disposed of.
(ANUJA PRABHUDESSAI, J.) (SHANTANU S. KEMKAR, J.) Aswale 4/4