M/S Indicon Constructions Pvt Ltd Through Its Dirctor Ashok S Dhamdhere v. State Of Maharashtra Public Works Department
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD APPEAL FROM ORDER NO. 112 OF 2015 WITH CA/16633/2015 IN AO/112/2015 M/S INDICON CONSTRUCTIONS PVT LTD THROUGH ITS DIRCTORASHOK S DHAMDHERE
VERSUS
STATE OF MAHARASHTRA PUBLIC WORKS DEPARTMENT ...
Advocate for Appellant : Mr. V.S. Kadam AGP for Respondent / State : Mr. S.B. Pulkundwar ....
CORAM : RAJESH S. PATIL, J.
DATE : 2nd December, 2022 PER COURT :
1.
By consent of the parties this matter is taken up for hearing. 2.
Appellant herein is a Private Company who had fled Civil Suit for recovery of amount and compensation i.e. Special Civil Suit No. 131 of 2015 in the Court of Civil Judge, Senior Division, Aurangbad. Alongwith the suit, appellant who is original plaintif preferred Application (Exh.11), under the Provisions of Order XXXIX Rule 1 and 2 of Civil Procedure Code, thereby praying for quashing and setting aside the letter dated 24th March, 2015 issued by defendant No.4 for directing the Executive Engineer (PW) South Division, Pune for recovery of amount of Rs.2,24,74,153/- from the bills payable to the applicant. The said Exh.11 was rejected by order dated
{2} 28.10.2015. Against the said order present Appeal from Order is fled.
3.
This Appeal from Order was heard on 21st December, 2015 and interim relief in terms of prayer clause 'B' in Civil Application fled in the Appeal from Order was granted. Hence, there was stay operating on letter dated 24th March, 2015. Pursuant to which the payments were released to the applicant.
4.
In the meantime, the suit which was pending before the Civil Judge, Senior Division, Aurangabad has been transferred to the Commercial Court, however as per knowledge of appellant, the Court is not available as of today. In such circumstances, the parties are desirous that, present Appeal from Order can be disposed of and the suit pending before the Commercial Court be heard expeditiously in a time bound manner. In view of the same, the Principal District Judge, Aurangabad is hereby directed that, the matter be assign to the relevant Court to decide it expeditiously in time bound manner and the said judge taking up the matter make an endeavour to disposed of the suit within a period of one (1) year from the date of receipt of authenticated copy of this order. 5.
It is needless to say that, observations made in the order
{3} dated 21st December, 2015 by this Court in the Appeal from Order are prima-facie. The learned District Judge should hear the suit without being infuenced by the order dated 21st December, 2015. 6.
Interim relief granted in Appeal from Order to continue till disposal of the suit.
7.
Appeal from Order is disposed of.
8.
Pending Civil Applications, if any, do not survive and same stand disposed of.
[ RAJESH S. PATIL ] JUDGE