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Bombay High CourtCAW/1900/2018disposed off

Bulk Cement Corporation (India) Limited v. The Maharashtra State Electricity Distribution Company Limited And ANR.

2018-08-30Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

(905) caw-1900-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1900 OF 2018 IN WRIT PETITION NO.5367 OF 2016 Bulk Cement Corporation (India) Limited .. Applicant In the Matter Between :

Bulk Cement Corporation (India) Limited and Anr.

... Petitioners Vs The Maharashtra State Electricity Distribution Company Ltd. and Anr.

..Respondents Mr.Rahul Narichania, Senior Advocate a/w Mr.Nidhish Mehrotra a/w Mr.Darshan Furia a/w Ms.Zoya Syed for the Applicant/Orig. Petitioner.

Mr.Rahul Sinha I/b DSK Legal for the Respondents. CORAM : S.C. DHARMADHIKARI & B.P.COLABAWALLA, JJ.

THURSDAY, 30TH AUGUST , 2018 P.C. :

This Civil Application is on Board. It contains various prayers. One of the prayers is for amendment of the Writ Petition.

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(905) caw-1900-18.doc After hearing both sides and finding that the amendments, which are proposed would assist this Court in fully and completely resolving the controversy and would avoid multiplicity of proceedings, we grant leave to amend. The amendment be carried out within two weeks from the date of receipt of copy of this order. Amended memo be served on all parties within two weeks thereafter. Heard both sides on the point of ad-interim/interim relief and pending the decision of the Larger Bench on a question of law.

It is stated on instructions by the respondents' advocate that until this Reference is answered by the Larger Bench, the respondent Nos.1 and 2 would not enforce their demand nor would take any coercive action against the applicant or disconnect the electricity supply. We accept this statement as an undertaking to this Court. In view thereof, this Civil Application is disposed of.

B.P .COLABAWALLA, J.

S.C. DHARMADHIKARI, J.

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