Shailesh K Bothara And ORS v. State Of Maha. Thr. Prin. Sec. (Finance) And ORS

pvr ia-st-13309-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13309 OF 2023 IN WRIT PETITION NO. 4365 OF 2023 Shailesh K. Bothra & Ors.

... Petitioners/Applicants

Versus

State of Maharashtra & Ors.

... Respondents Mr. G.S. Godbole, Senior Advocate a/w. Mr. Parag Tilak, Ms. Shivani Samel for the petitioners.

Ms. Shruti D. Vyas, 'B' Panel Counsel for the State. _______________________

CORAM:

G. S. KULKARNI & JITENDRA JAIN, JJ.

DATE:

12 July, 2023 _______________________ P.C.:

1.

This interim application was filed after we have reserved the above petition for judgment.

2.

The contention as urged in the interim application is that the other properties of the dealer/defaulter were available to the Sales Tax Department and such material could not be placed on record earlier and hence, be permitted to be placed on record.

3.

Today we have pronounced the judgment on the writ petition. In view of our decision on the question of law as framed in paragraph 2 of the judgment, this application cannot be entertained. In any event, it has become infructuous as rightly stated by Mr. Godbole, learned Counsel for the applicant 4.

Interim Application is accordingly rejected as infructuous. No costs.

[JITENDRA JAIN, J.] [G. S. KULKARNI, J.]