M/S C.M.Mundra Thr.Its Partners v. The State Of Maharashtra Thr.Secty. And 9 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.2799 of 2002 [M/s. C.M. Mundra & Co. v. The State of Maharashtra and others] Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.L. Khapre, Advocate for Petitioner.

Shri C.A. Lokhande, Assistant Government Pleader for Respondent Nos.1 and 2.

Coram : R.K. Deshpande & Manish Pitale, JJ.

Date : 22 nd September, 2017 This petition claims the reliefs as under :

(I) issue the Writ of Mandamus of appropriate order and/or direction, directing the respondents to withdraw the Circulars dated 11-10-2001 and 21-9-2000 issued by the respondent No.1, at Annexures VIII and IX herein respectively and by necessary Writ/Order and/or direction, quash and set aside the communication dated 6-11-2001 issued by the respondent No.2 at Annexure-II herein and further by necessary order, declare that, it is not necessary for the petitioner to obtain fresh Registration till the expiry of the existing Registration Certificate i.e. till 27-1-2005.

(II) That, by appropriate interim order, stay the effect, operation and implementation of the Circulars dated 1110-2001 and 21-9-2000 issued by the respondent No.1 at Annexure VIII and IX herein respectively and the communication dated 6-11-2001 issued by the respondent No.2 at Annexure-II herein with further direction to the respondents to treat the petitioner as validly holder of the Registration Certificate, till the decision of the present Writ Petition, and further be pleased to (III) grant any other relief which this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case."

On 14-8-2002, this Court passed an order as under : "

Heard Shri Khapre, Advocate for Petitioner.

Rule returnable early.

To be placed alongwith W.P.33/2002 and other connected matters.

In the meantime ad-interim relief in terms of prayer clause (II)."

In view of the aforesaid interim order passed by this Court, the claim of the petitioner for tender might have been considered, and one does not know what is the result. Shri Khapre, the learned counsel appearing for the petitioner, submits that he has not received any instructions from his client.

We dispose of the petition as infructuous. Rule stands discharged. No costs.

It is needless to say that there is no order passed by this Court that the result of the tender shall be subject to the result of this petition.

(Manish Pitale, J.) (R.K. Deshpande, J.) Lanjewar