Meena Advertisers v. The Divisional Commercial Manager-Pm And 2 ORS

2-OSWP557-2021-MODIFIED.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2021.11.25 10:38:10 +0530 SONALI MILIND PATIL ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 557 OF 2021 Meena Advertisers

...Petitioner

Versus

The Divisional commercial manager PM & Ors

...Respondents

Mr Rajesh Gehani, with Mahendra Agavekar, for the Petitioner. Mr TJ Pandian, with TC Subramanian & Dheer Sampat for Respondents Nos. 1 & 2 Western Railways.

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

17th November 2021 PC:- 1.

Mr Gehani, the learned Advocate for the Petitioner on instructions obtained during the hearing from a representative of the Petitioner present in Court makes the following statement: (a) All monthly license fees for the advertising hoardings at Andheri from December 2021 onwards will be paid regularly as per the contract between the parties/in accordance with the demand by the railways.

(b) In regard to the arrears, which comes to approximately "Rs. 55,70,321/-, pending the final adjudication of the civil remedies that the Petitioner may seek to 17th November 2021

2-OSWP557-2021-MODIFIED.DOC institute", the Petitioner will make a representation to the Senior Divisional Commercial Manager for a facility of payment in instalments. This application is to be made within two weeks from today. The Senior Divisional Commercial Manager will consider the application and give the Petitioner or their Advocates a personal hearing and then pass a reasoned order within four weeks thereafter. The result of that decision may be subject to any civil remedies that the Petitioner may seek to institute, and all contentions in that regard of both sides are kept open.

2.

These statements are accepted.

3.

The Writ Petition is disposed of in these terms. There will be no order as to costs.

4.

of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J) Note: This order is modified as per order dated 24th November 2021. The corrections are shown in paragraph 1(b) in bold and italics.

17th November 2021