M/S Varroc Engineering Pvt Ltd v. The State Of Maharashtra And Anothers

WP 7644/15 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7644/2015 M/s Varroc Engineering Pvt.Ltd.

...Petitioner..

Versus

The State of Maharashtra & another.

...Respondents...

.....

Shri Subodh P. Shah, Advocate for petitioner. Smt.S.S. Raut, AGP for respondent no.1.

Shri P.P. More, Advocate for respondent no.2. .....

CORAM: S.V. GANGAPURWALA & K.L. WADANE, JJ.

DATE: 20.08.2016 ORDER :

1] Learned counsel for the petitioner states that the petitioner at the relevant time was not party before the National Green Tribunal. In spite of the fact that the petitioner was not party, an order was passed of closure so also directing to deposit Rs.2 crores in Escrow account on ad-hoc basis. The learned counsel submits that vide order dated 24.7.2015, this Court had stayed implementation of the said notice and thereafter vide order dated 28.7.2015, the order was continued and the same is still in force.

WP 7644/15 - 2 - 2] Learned counsel for the respondent no.2 - Pollution Board submits that the petitioner has a remedy. The petitioner has already appeared before the National Green Tribunal, Western Zone, Bench at Pune and can agitate its grounds before the National Green Tribunal, Bench at Pune.

3] In view of the fact that now the petitioner has already appeared before the National Green Tribunal, the petitioner can put forth its grievance / defence before the said Tribunal.

4] In view of above, the petitioner may put forth its stand before the National Green Tribunal. All contentions of respective parties are kept open. Till the Tribunal takes decision with regard to the case of the present petitioner or passes any such further orders qua the petitioner herein, the interim order passed by this Court shall continue till then.

5] Writ petition is accordingly disposed of. No costs. (K.L. WADANE, J.) (S.V. GANGAPURWALA, J.) ndk/c2081630.doc