Sanjay Shantaram Walle And Others v. M/S United Breweries Limited Through Its Authorised Signatory And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4611 OF 2014 M/s United Breweries Ltd., Aurangabad ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS WITH CA/9971/2016 AND CA/12841/2018 IN WP/4611/2014 WITH WP/7960/2015 WITH CA/9969/2016 IN WP/7960/2015 WITH WP/5886/2017 ....

Mr. S.V. Dankh, Advocate for petitioner in all petitions and for applicant in CA/9969/16.

Mr. S.K. Tambe, A.G.P. for respondent - State. Mr. A.S. Gandhi, Advocate for respondent nos. 2 and 3 in WP/4611/14. Mr. S.S. Thombre, Advocate for applicant in CA/9971/16. Mr. P.P. Mandlik, Advocate for applicant in CA/12841/18 and for respondent nos. 2 to 4 in WP/5886/17.

....

CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ.

DATED : 16th OCTOBER, 2018 ORDER :

1.

In these petitions, the order of the Mathadi Board is assailed. 2.

During the pendency of these petitions, the parties have arrived at a settlement as per the memorandum of settlement. 1 / 3

3.

The letter given by the Mathadi Board regarding unloading charges is taken on record and marked as "X" for the purpose of identification in Writ Petition no. 7960 of 2018. 4.

It appears that the petitioners have deposited an amount of Rs.2,01,69,913/-, which fact is not disputed by either of the parties. On the contrary, it is submitted that the Mathadi Board is entitled to withdraw the amount of Rs.1,60,91,905/- and the petitioner - M/s United Breweries Ltd. is entitled to withdraw an amount of Rs.40,78,008/-. 5.

As the parties have arrived at a settlement, we need not enter into the legality of the said order. The parties shall abide by the memorandum of settlement, as agreed by them.

6.

In the light of the above, these writ petitions stand disposed of. The Mathadi Board is allowed to withdraw the amount of Rs.1,60,91,905/- alongwith accrued interest thereon, if any. The petitioner - M/s United Breweries Ltd. is entitled to withdraw Rs.40,78,008/- alongwith accrued interest thereon, if any. The Mathadi Board and the petitioner company shall pay mathadi workers the amount as due and payable to them, preferably on or before 02nd November, 2 / 3

2018. The amount, as deposited in various petitions, be allowed to be withdrawn in the aforesaid proportion. In view of disposal of these petitions, the civil applications therein also stand disposed of. ( R.G. AVACHAT, J. ) ( S.V. GANGAPURWALA, J. ) SSD 3 / 3