Bombay High CourtCAW/16/2019disposedoff

M/S Vidya Online Services Pvt. Ltd., Pune v. The State Of Maharashtra Through Principal Secretary, Mumbai And Others

2019-01-07Hon'Ble Shri Justice Arun Digambarrao Upadhye,Hon'Ble Shri Justice Sunil B. Shukre2 pages

0701caw35.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.35/2019 IN WRIT PETITION NO.4940/2018 M/s. Vidya Online Services (Pune) Pvt. Ltd., Pune ...Versus...

The State of Maharashtra, through the Principal Secretary, Ministry for Public Works Department, Government of Maharashtra, Mantralaya, Mumbai- 400 032 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.K. Barve Counsel with Shri A.B. Moon, Counsel for petitioner Mrs. S.S. Jachak, AGP for respondents Shri A.A. Choube, Counsel for applicant/intervenor in C.A. No.16/2019 CORAM : S.B. SHUKRE AND ARUN D. UPADHYE, JJ.

DATE : 07/01/2019 Heard.

For the reasons stated in the application, the civil application is allowed. Amendment be carried out within two weeks.

The civil application stands disposed of accordingly.

0701caw35.19.odt CIVIL APPLICATION (CAW) NO.16/2019 Heard.

Although this application has been opposed by the learned Counsel for the petitioner, what is not in dispute is that if this petition is going to be allowed, the applicant would certainly be as affected party. Even otherwise, in terms of the law laid down by the Hon'ble Apex Court in the case of Afcons Infrastructure Limited...Versus...Nagpur Metro Rail Corporation Limited and another, reported in (2016) 16 Supreme Court Cases 818, this applicant would be entitled to be impleaded as party intervenor to this petition.

The civil application is, therefore, allowed and the applicant be impleaded as party intervenor to this petition. The civil application stands disposed of accordingly.

WRIT PETITION NO.4940/2018 Stand over to 21/01/2019 for further consideration.

JUDGE JUDGE Wadkar, P.S.