M/S. T. S. Wind Power Developers, Satara, Through Partner, Jayant Govind Thakkar v. Maruti Wind Park Developers, Through Mahesh Vasantrao Jagdale And ORS

wp-6038.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6038 OF 2014 M/s. T S Wind Power Developers : Petitioner versus Maruti Wind Park Developers Through its authorized representative Mahesh Vasantrao Jagdale & ors.

: Respondents.

Mr P P Kulkarni for the Petitioner.

Mr. Sandesh Deshpande for the Respondent Nos.1 and 2. CORAM :

R. M. SAVANT, J.

DATE :

23rd September 2015 P.C.

There is a concurrent finding recorded against the Petitioner and in favour of the Respondents as regards the grant of the temporary injunction. Both the Courts below have on the basis of the material on record have refused to exercise discretion in favour of the Petitioner i.e. the original Plaintiff. It is required to be noted that the Respondents herein have initiated the installation of the wind mills and have spent a substantial amount. The said fact has been taken into consideration by both the Courts below. In the light of the concurrent finding recorded by both the Courts below against the Petitioner, no case for interference in the writ jurisdiction of this Court is made out. The above Writ Petition is accordingly dismissed. Needless to state that the suit in question would be tried on its own merits and in accordance with law uninfluenced by the observations, if any, made in the impugned orders. [R.M.SAVANT, J] lgc

wp-6038.14 Certified to be true and correct copy of the original signed Order. lgc