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Bombay High CourtMCA/237/2015dispossed offdismiss for default

M/S Phoenix Engineering, A Partmetship Firm Thr. Its Partner Shri Sm Patil v. Maharashtra State Road Development Corporation Ltd., Mumbai Thr. Its Managing Director And 2 Others

2015-12-18Hon'Ble Shri Justice A.B. Chaudhari,Hon'Ble Shri Justice A.S. Chandurkar2 pages

MCA237.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION (REVIEW) NO. 237/2015 IN WRIT PETITION NO.3826/2013 M/s. Phonex Engineering ..vs.. Maharashtra State Road Development Corporation and anr. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. A. S. Jaiswal, Senior Advocate with Mr. N. A. Padhye, Advocate for applicant.

Mrs. B. H. Dangre, Advocate for respondent nos. 1 and 2. Mr. S. V. Puranik, Advocate for respondent no.3.

CORAM:

A. B. CHAUDHARI AND A. S. CHANDURKAR, JJ.

DATE:

DECEMBER 18, 2015.

Pursuant to the order dated 11.12.2015 passed by this Court, Mrs. Dangre, learned Counsel for the MSRDC, submits that it has to receive huge dues from the Nagpur Municipal Corporation and, therefore, in respect of the payments claimed by the applicant, it is the Steering Committee appointed by the Government, which is supposed to adjudicate/mediate the respective claims of the parties.

In view of above, following order is passed.

ORDER

(i) Misc. Civil Application No.237/2015 is disposed of directing the Steering Committee to decide the disputes/issues, relating to the payment of dues of the works done by the applicant and upon resolution of the

MCA237.15 2/2 dispute, draw conclusion as to who has to pay; whether Nagpur Municipal Corporation or MSRDC. The same shall be done within three months.

JUDGE JUDGE kahale