Deepak Fertilizers And Petrochemicals Corporation Ltd. v. Union Of India And ORS.

skn 1/2 6873.15-wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 6873 OF 2015 WITH CIVIL APPLICATION NO. 2864 OF 2015 ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders ------------------------------------------------------------------------------------------------------ Ashish Kamat i/b. M/s.Desai & Diwanji for the petitioner. Parag Vyas for respondent Nos.1 and 3.

CORAM :

A.S. OKA AND C.V.BHADANG, JJ DATED :

21st January 2016.

P.C.:

Not on board. Taken up on board.

2.

Heard learned counsel for the petitioner. Perused the praecipe. The grievance is that this petition did not reach on 18th January 2016.

3.

Hence, we issue Rule. To come up in regular course as the prayer in substance is for recovery of an amount.

4.

The learned counsel appearing for the respondent Nos.1 to 3 waives service.

5.

Learned counsel for the petitioner prays for interim relief.

6.

By way of interim relief the petitioner has prayed for release of the amount of unpaid fertilizer subsidy. Grant of such interim relief would amount

skn 2/2 6873.15-wp to grant of final relief which, in the facts and circumstances of the case, cannot be done. Merely because subsidy is released to another company, the petitioner cannot get that monetary relief by way of interim relief. Hence, no interim relief. Civil application for interim relief is, accordingly, disposed of.

(C.V. BHADANG, J) (A.S.OKA, J)