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Bombay High CourtRA/103/2017disposed offdismissed for default

Maharashtra Udyojak Nirmit Kendra Latur v. The State Of Maharashtra And ORS

2017-11-07Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

*1* 913ra103o17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO. 103 OF 2017 IN WP/535/2008 MAHARASHTRA UDYOJAK NIRMIT KENDRA LATUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Applicant : Shri T. M. Venjane. AGP for the Respondents/ State : Shri B.A.Shinde. ...

CORAM: RAVINDRA V. GHUGE AND SUNIL K. KOTWAL, JJ.

DATE :- 07th November, 2017 Per Court :

By this Review Application, the Applicant seeks review of the order dated 26.08.2008 passed by this Court refusing to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. Shri Venjane, learned Advocate for the Applicant, has strenuously canvassed the fourteen grounds formulated by him in the memo of the Review Application.

The thrust of his submission is that after the industrial festival organized by the Applicant was over, the State authorities were to make certain payments to the Applicant Trust. It is only through the Trust that those agencies, who had executed the work orders for the Trust, would be

*2* 913ra103o17 paid their charges. The State authorities have directly made the payment to many of such agencies instead of passing on the said payment to the Applicant Trust.

By order dated 26.08.2008, this Court had noted that Respondent No.3 has already paid the amount of Rs.41,63,565/- to the eighteen agencies, which is undisputed even today. It is further observed that the remaining 12 agencies have not approached Respondent No.3 for collection of their cheques inspite of this information having been conveyed to the Applicant.

Considering the above and the fact that a recovery of money issue is raised before us, we do not find any error on the face of the order dated 26.08.2008.

This Review Application being devoid of merit is, therefore, dismissed.

kps (SUNIL K. KOTWAL, J.) (RAVINDRA V. GHUGE, J.)