Bombay High CourtWP/13119/2018disposed offdismissed for default

M/S Jain Irrigation System Limited v. Joint Director Of Industries And Another

2018-11-30Hon'Ble Shri Justice Nitin Jamdar2 pages

dyb 1 WP13119-18dt 30-11-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13119 OF 2018 M/s Jain Irrigation System Limited ...

Petitioner

Versus

Joint Director of Industries, Member Secretary, Industry Facilitation Council, Aurangabad Region, Aurangabad & another ...

Respondents Mr.A.A.Yadkikar,, Advocate for the Petitioner. Mr.S.B.Pulkundwar, AGP for Respondent No.1.

Coram : N.M. Jamdar, J.

Date : 30 November 2018.

Oral Order :

Learned counsel for the petitioner, after arguing for some time, on instructions, seeks leave to withdraw the petition as he states that the petitioner will avail of alternate remedy provided under the Micro, Small And Medium Enterprises Development Act, 2006. Learned counsel for the petitioner further submits that it is his apprehension that if the amount is deposited, as mandated under

dyb 2 WP13119-18dt 30-11-2018 Section 19 of the Act, the same will be automatically withdrawn by the respondents defeating petitioner's rights. The language of Section 19 does not indicate such automatic withdrawal and only refers to order of the Court, from which it is clear that the order will be passed after hearing both the sides including the petitioner.

Writ Petition is accordingly disposed of as withdrawn. N.M. Jamdar, J.