Ramakrishna Electricals Limited, Nagpur Thr. Managing Director, S. Ramalingam v. Maha. State Electricity Distribution Co. Ltd. Mumbai And Others

2024:BHC-NAG:2444-DB 1 WPs3592&3593-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NOs. 3592/2022 WITH WRIT PETITION NO. 3593/2022 (RAMAKRISHNA ELECTRICALS LIMITED VERSUS MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED, BANDRA (EAST), MUMBAI & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri R.S. Sundaram with Shri S. Ramaswamy, counsel for the petitioner. Shri S.V. Purohit, counsel for the respondent nos.1 and 2. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .

D ATE : FEBRUARY 29 , 202 On instructions, a prayer is made for withdrawal of the writ petitions. The same are disposed of as withdrawn.

2.

The interim order is in operation for almost twenty months. As such, we continue the said interim relief and the said arrangement shall be in operation for another ten weeks from today.

3.

Needless to clarify that since we have not made any observations on merits as we are of the view that the petitions contain disputed questions of law, the petitioner is granted liberty to approach the Civil Court who shall adjudicate the claim put forth by the petitioner without being influenced by the withdrawal of the writ petitions. It is also clarified that the corresponding responsibility of the petitioner to renew the bank guarantee shall continue to operate further. 4.

In view of the stand taken by the respondent nos.1 and 2, we deem it appropriate to dispense with the notice period as contemplated under Section 80 of the Code of Civil Procedure, 1908.

5.

Order accordingly. No costs.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) APTE