M/S Indu Construction, Thr. Proprietor, Nitin S/O. Nagorao Gabhane v. Nagpur Improvement Trust, Thr. Chairman, Nagpur And Others

1 913wp1867.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAW] NO.961 OF 2023 IN WRIT PETITION NO.1867 OF 2023 [M/s. Indu Construction .vs. Nagpur Improvement Trust, Nagpur and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.G. Bhangde, Senior Advocate with Shri Mayank M. Agnihotri, Advocate for the petitioner.

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C ORAM : A.S. CHANDURKAR AND M.W. CHANDWANI, JJ.

D ATE : 24/03/2022 .

Considering the averments made in the application, the same is allowed. The amendment be carried out accordingly.

Civil Application is disposed of.

Writ Petition No.1867/2023 The petitioner claims reimbursement towards goods and service tax, pursuant to a contract entered into in August2014. Such reimbursement has been refused by the respondent no.5 by relying upon Clauses 25 and 48 of the agreement. 2.

It is submitted by the learned Senior Advocate for the petitioner that in view of the clarification issued by the Pubic Works Department on 19.09.2017 as well as the Government

2 913wp1867.23.odt Resolution dated 21.01.2021, the petitioner is entitled to reimbursement of the goods and service tax. The relevant documents have been verified by the Chartered Accountant of the respondent no.1, however, refund has been denied on untenable grounds 3.

Issue notice to the respondents, returnable in three weeks.

J UDGE JUDGE Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur