M/S. Msa (India) Ltd, Through Mr. Arun Barik v. State Of Maharashtra Thru The Chief Secretary And ORS

928-ASCAO-330-2019 IN RPWL-24350-2019.DOC Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 330 OF 2019 IN REVIEW PETITION (ST) NO. 24350 OF 2019 IN WRIT PETITION NO. 10206 of 2013 MSA (India) Ltd

...Petitioner

Versus

State of Maharashtra & Ors

...Respondents

Mr Pratik Jhaveri, (Online), i/b, A & A Law Offices, for the Petitioners.

Mrs Rupali Shinde, AGP, for the Respondent-State. AMOL PREMNATH JADHAV

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

15th April 2024 PC:- AMOL PREMNATH JADHAV Date: 2024.04.16 13:19:05 +0530 1.

Review is sought of an order dated 27th June 2019 passed by the Division Bench of which one of us (GS Patel J) was a member. By that order, the Division Bench held that it was undisputed that the Petitioner had filed a first appeal against the assessment by the First Appellate Authority under the Maharashtra Provincial Municipal Corporations Act, 1949. Now Review is sought on the 15th April 2024

928-ASCAO-330-2019 IN RPWL-24350-2019.DOC ground given in paragraph 11 of the Review Petition that the Court was not apprised of the correct facts (by the Petitioner) and that it was inadvertently not communicated that the amount deposited was a pre-deposit. The submission in the Review Petition is that the Appeal was dismissed on alleged wrong application of law. This is no ground for interference under Section 114 or Order 47 of the Code of Civil Procedure, 1908 2.

The Review Petition is rejected. The Civil Application will not survive and is disposed of.

(Kamal Khata, J) (G. S. Patel, J) 15th April 2024