Siddhivinayak Traders Through Proprietor Santosh Mishrilal Sharma And Another v. The State Of Maharashtra And Others
1 P2-wp-3229-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 3229 OF 2019 Siddhivinayak Traders and another ... Petitioners
Versus
The State of Maharashtra and others ... Respondents ....
Mr. N. B. Suryawanshi Advocate h/f Mr. Sanket N. Suryawanshi, Advocate for petitioners Ms. D. S. Jape, AGP for respondent Nos. 1 and 2. Mr. D. B. Thoke, Advocate for respondent No.3. ....
CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ DATED : 26th APRIL, 2019 PER COURT:- 1.
Not on board. Upon mentioning, taken on board. 2.
Pursuant to the affidavit dated 4th March, 2019 filed by respondent No.3-Chief Officer, this Court on 12th April, 2019 adjourned the matter, so as to enable respondent No.3 to file affidavit specifying the schedule of payment. 3.
Today, an affidavit-in-reply dated 24th April, 2019, is tendered by respondent No.3 during the course of hearing. In paragraph 4, the Chief Officer has assured as under:-
2 P2-wp-3229-19.doc "4.
Thus in a given set of facts, the answering respondent would make the payment of Rs.30.00 Lakhs by the end of this month. The answering respondent would make every endeavor to make the residual payment within a period of next six months, but in case of any emergent expenses accrued, the answering respondent would need another period additional three months."
4.
Since, the Chief Officer has come out with the assurance of payment due and payable to the tune to which the petitioners have also agreed.
5.
We have no hesitation in disposing of the present petition in view of the assurance given by Chief Officer in paragraph 4 of the affidavit-in-reply tendered by the Chief Officer during the course of hearing, today. We expect, the Chief Officer to abide by the statement made in the affidavit.
6.
With the above observation, the writ petition is disposed of. 7.
The aforesaid assurance is irrespective of the assurance recorded in the earlier order dated 12th April, 2019. ( NITIN W. SAMBRE ) (PRASANNA B. VARALE) JUDGE JUDGE SMS