Souvenir Developers Pvt. Ltd. Thr. Authorized Signatory Mr. Ritesh Ramesh Gujar v. The State Of Maharashtra, Thr. Chief Secretary, Public Works Department, Mumbai And Others

1 ca2837.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [W] NO.2837 OF 2017 IN WRIT PETITION NO.4821 OF 2017 [D] [Souvenir Developers (I) Private Limited .vs. The State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : B.P. DHARMADHIKARI AND MRS. SWAPNA JOSHI, JJ.

DATED : FEBRUARY 23, 2018.

1.

Heard Shri A.D. Mohgaonkar, learned counsel for applicants-respondent nos.2 and 3, Shri R.N. Ghuge, learned counsel for petitioner, Shri S.A. Kadu, learned A.G.P. for respondent no.1-State, Shri Abhishek Shukla, Advocate holding for Shri R.L. Khapre, learned counsel for respondent no.4.

2.

Writ Petition No.4821/2017 has been disposed of on 7.11.2017. Civil Application is taken out by respondent nos.2 and 3 pointing out that in view of subsequent development, there is no need to refund any amount to respondent no.4.

3.

Today, respondent nos.2 and 3 have filed a pursis and along with it an Annexure-X letter dated 7.2.2018, whereby respondent no.4 has authorized them to adjust the amount refundable to him towards

2 ca2837.17.odt other dues. This request for adjustment and letter at Annexure-X is not being disputed by respondent no.4. 4.

In this situation, the direction to refund the dues to respondent nos.2 and 3 and in favour of respondent no.4 contained in paragraph 4 of order dated 7.11.2017 does not survive. Accordingly, only to that extent, we in the light of later event, partly allow Civil Application and dispose it of.

JUDGE JUDGE Gulande