Maharashtra State Electricity Distribution Company Limited, Through Superintending Engineer v. M/S. Sharda Constructions And Investment Co. And ANR
DSS 29-wp-9166-13 @ 9149-13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9166 OF 2013 Maharashtra State Electricity Distribution Company Limited .. Petitioners vs.
M/s. Sharda Constructions & Investment Co. and anr.
.. Respondents WITH WRIT PETITION NO.9149 OF 2013 Maharashtra State Electricity Distribution Company Limited .. Petitioners vs.
M/s. Sharda Erectors Pvt. Ltd. and anr.
.. Respondents.
Mr. Shardul Singh a/w. Rahul Sinha i/b DSK Legal for the Petitioners in both petitions.
Mr. Pranav Sampat a/w. Ms Akriti Sarkari i/b Khaitan & Co. for Respondent No.1 in both petitions.
CORAM :
M. S. SONAK, J.
DATE : 4 MARCH, 2015 P.C. :- 1] Both these petitions are disposed of by following common agreed order:
(a) The impugned orders dated 11 March 2013 and 5 April 2013 respectively are set aside;
(b) The appeals instituted by respondent No.1 before the Appellate Authority are restored. The Appellate Authority is directed to rehear and decide the same, in accordance with law and on their own merits;
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DSS 29-wp-9166-13 @ 9149-13 (c) The interim order made in favour of respondent No.1 during pendency of the said appeals, is restored and the same shall operate until the final disposal of the appeals; 2] It is clarified that this Court has not gone into the merits of the matters and accordingly, all contentions of all parties are kept open for decision by the Appellate Authority.
3] The Appellate Authority shall dispose of both the appeals instituted by respondent No.1, within a period of six months from today.
4] Parties to appear before the Appellate Authority on 18 March 2015 at 11.00 a.m. in order to obtain directions for disposal of the appeals.
5] All parties to act upon an authenticated copy of this order. 6] Both the petitions are disposed of in the aforesaid terms. There shall be no order as to costs.
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