Dhanraj Raosaheb Birajdar v. Jailaxmi Sugars Nitali Products Pvt Ltd Through Managing Director And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5097 OF 2019 WITH WP/13394/2019 Mahadeo Digambar Birajdar and Others ....Petitioner

VERSUS

Jailaxmi Sugars Nitali Products Pvt Ltd Through Managing Director and Others ....Respondents Advocate for Petitioner : Mr. M.L. Dharashive AGP for Respondent Nos. 2 to 6 : Mr. S.G. Karlekar CORAM : A.S. GADKARI AND S. G. MEHARE, JJ.

DATE : 03.02.2022 P.C. :

1.

The petitioners have sought relief of payment for supply of sugarcane to respondent No. 1 for crushing season of 2014 - 2015 with 15% interest.

Admittedly respondent No. 1 is a private limited company and is not a 'State' as contemplated under Article 12 of the Constitution of India. 2.

In view thereof, writ petition against respondent No. 1 under Article 226 of Constitution of India is not maintainable and is accordingly dismissed.

3.

We however, reserve the rights of petitioners to adopt appropriate legal proceedings for execution of Order dated 28.11.2018, passed by the

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[S.G. MEHARE, J.] [A.S. GADKARI, J.] SPC