Saibaba Sansthan Shirdi Through Its Chief Executive Officer Bajirao Valmikrao Shinde v. The State Of Maharashtra And Others

1 C.A. 16525/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16525 OF 2015 in P.I.L. No. 18 of 2011 Saibaba Sansthan Shirdi through its C.E.O.

Bajirao Valmilkrao Shinde APPLICANT V E R S U S The State of Maharashtra and another RESPONDENTS Mr. Nitin R. Bhavar, Advocate for the Applicant Mr. S.G. Karlekar, A.G.P. for Respondent No.1 - State Mr. K.M. Nagarkar, Advocate, holding for Mr. P.R. Patil, Advocate for original petitioner CORAM : A.V. NIRGUDE & INDIRA K. JAIN, JJ.

DATE : 16th March, 2016 PER COURT :

1.

Learned counsel appeared for the original petitioner seeks time. We are not inclined to give him time because the application is required to be urgently decided.

2.

On 22nd December, 2015, the applicant - Committee suggested that though they were not fully satisfied with the quality of the work, they would recommend release of payment for the work done. They were inclined to release time for the work done between March, 2014 to

2 C.A. 16525/2015 August, 2015. In the recent affidavit, the Committee members indicated that after 22nd December, 2015, audit of quality of the work done by the party to whom payment to be made is conducted and they are now satisfied that substantial amount can be disbursed and whether retaining 20% amount is due and demanded. We are satisfied that the decision taken by the Committee is sound. We therefore allow this application in terms of prayer clause 'BB'.

( INDIRA K. JAIN, J. ) ( A.V. NIRGUDE, J. ) srm/16/3/16