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Bombay High CourtWP/5271/2016admittedallwdgrantedrule absolute

Sanjay S/O Purushottam Khobragade v. State Of Maharashtra, Ministry Of Revenue And Forest, Mumbai And Others

2019-06-13Hon'Ble Shri Justice Ravi K. Deshpande,Hon'Ble Shri Justice Vinay Joshi2 pages

1 910WP5271.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5271/2016 Sanjay Purushottam Khobragade Vs.

The State of Maharashtra and ors.

.............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Ms. R. V. Kukday, Advocate for the petitioner. Shri. D. P. Thakare. Additional Government Pleader for respondent Nos.1 to 3.

CORAM : R.K. DESHPANDE & VINAY JOSHI, JJ.

DATED : 04th October, 2019 .

Writ Petition No.5271 of 2016 was allowed by this Court on 13.06.2019 and the operative portion of the order is reproduced below.

"In the result, the writ petition is allowed. The order dated 27.05.2016 passed by the respondent No.1 is hereby quashed and set aside. The respondents are directed to refund 1/4th amount of Rs.24,45,192/- deposited by the petitioner with the respondents on 28.12.2012 within a period of six weeks from today. Needless to say that the petitioner will not be entitled to any interest on the said amount."

2.

Civil Application No. 2606 of 2019 is filed for extension of time to comply with the order, by further period of three months. It is not the stand of the

2 910WP5271.16.odt Government or any of the respondents that the extension of time is required to approach the Apex Court, challenging the decision of this Court. We are therefore, inclined to extend the time by further period of three months, as has been sought for, subject to the condition that the interest at the rate of 8% per annum shall be paid on the amount required to be refunded, from the date of decision of this Court on 13.06.2019, till it is refunded in compliance of the order passed by this Court.

JUDGE JUDGE RGurnule