Lal Sai Translink And ANR. v. The State Of Maharashtra And ANR.

Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 4879 OF 2018 Lal Sai Translink & Anr.

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Petitioners vs.

The State of Maharashtra & Anr.

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Respondents WITH CRIMINAL APPLICATION No. 561 OF 2018 IN CRIMINAL WRIT PETITION No. 4879 OF 2018 M/s. Thakur Petrochemicals ...

Applicant in the matter between Lal Sai Translink & Anr.

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Petitioners vs.

The State of Maharashtra & Anr.

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Respondents Mr. P.A. Pol a/w. Mr. Sharad S. Suryavanshi, Mr. Ranjit S. Hatkar i/b. Pol Legal Juris, Advocate for the petitioners. Mr. A.R. Patil, APP for the respondent/State. Mr. Mayur S. Sonavane i/b. S.R. Page, Advocate for respondent No. 3.

Mr. Jayesh Mestry a/w. Mr. Shrikant Seegarla, Mr. Swapnil Shikhare i/b. RMG Law Associates, Advocate for respondent No. 4.

Mr. Shekhar A. Ingawale, Advocate for the applicant/intervenor in APPW/561/2018.

CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 21st December, 2018 P.C. :

The applicant/intervenor has moved an Application for intervention. The learned counsel for the applicant has produced an undertaking dated 19th December, 2018 given by Santosh

Singh Thakur, proprietor of M/s. Thakur Petrochemicals, which is taken on record and marked as "Exhibit 1". In the undertaking, Mr. Santosh Thakur has mentioned that no notice under section 6-B of the Essential Commodities Act was issued to him though he is the purchaser and owner of LPG. He has further stated that he takes full responsibility of the said LPG contained in the tanker of unloading the same at his plant at Raipur. He undertakes that in the event of any untoward incident while offloading the gas, then he will indemnify the loss.

2.

In view of the undertaking, one week's time is given to the applicant/intervenor to take LPG in the same tanker to Raipur, Chattisgarh. The intervenor shall empty the LPG from the tanker by taking all safety measures and the emptied tanker will be returned to the petitioners. The petitioners shall give Indemnity bond to the Rationing officer within a week's time. The intervenor shall also give indemnity bond as per the value of LPG to the Rationing officer. The Rationing officer is directed to accept the Indemnity bonds. The entire exercise is to be done within one week's time, i.e., on or before 28th December, 2018.

3.

Writ Petition is disposed of.

4.

Criminal Application is also disposed of accordingly. (MRIDULA BHATKAR, J.)