Huhtamaki Ppl Ltd. v. The State Of Maharashtra Through The Environment Dept. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2520 OF 2018 IN W.P. NO. 13189 OF 2018 Huhtamaki PPL Ltd.

.. Applicant

IN THE MATTER BETWEEN:

Huhtamaki PPL Ltd.

.. Petitioner Vs.

The State of Maharashtra & Ors.

.. Respondents ....

Mr. Venkatesh Dhond, Mr. Cyrus Ardeshir, Mr. Rahul Dwarkadas, Mr. Joran Diwan Advocates for Applicant / Petitioner Mr. P.P. Kakade AGP for State Mr. Rui Rodrigues Advocate for Union of India Ms. Sharmila Deshmukh Advocate for Respondent No.2 ....

CORAM :

NARESH H. PATIL, C.J. AND M.S.KARNIK, J.

DATED : DECEMBER 07, 2018 P.C.:

1.

Learned Senior Counsel Mr. Dhond submits that NGT at Delhi heard the petitioners through Video Conferencing on Thursday i.e. 29.11.2018. The Advocate for the petitioners appeared through Video Conferencing

from NGT at Pune. The petitioners prayed for extension of interim relief. However, Misc. Application for interim relief which was moved, was not taken up as the soft copy of same was not on the file of NGT, Delhi. Therefore, no orders could be passed for interim relief. The counsel submits that for resorting to appropriate remedy, the petitioners require some breathing time.

2.

Counsel appearing for the Maharashtra Pollution Control Board submits that Pollution Control Board was represented through Video Conferencing and the matter was heard on merits on Video Conferencing by NGT, Delhi. This statement in respect of hearing of the matter, made by learned counsel is not disputed by Senior Counsel Mr. Dhond appearing for the petitioners.

3.

The learned counsel Mr. Rodrigues appearing for the Union of India submits that NGT Bar Association, (Western Zone) filed Writ Petition (Civil) No. 1235 of 2017 in the Apex Court. Orders passed in the said Petition dated 31.1.2018 and 27.3.2018 are placed on record. Counsel submits that the process of appointment of

Members of NGT, Pune is under progress.

4.

In view of the above facts, we do not propose to pass any further orders.

5.

C.A. No. 2520 of 2018 does not survive and is accordingly disposed of.

M.S.KARNIK, J.

CHIEF JUSTICE kandarkar