Golden Globe Hotels Private Limited, Rep. By Signatory Shri.Vishnu Tantia And ANR., v. State Of Goa, Through Under Secretary (Home).,
IN THE HIGH COURT OF BOMBAY AT GOA.
WRIT PETITION NO. 828/2015 1] GOLDEN GLOBE HOTELS PRIVATE LIMITED having Corporate Office at S.C.O.2, 3, 4, Old Judicial Complex, Jharsa Road, Gurgaon 122 001, represented herein by its Authorized Signatory Shri Vishnu Tantia, major of age, Indian National, having office at S.C.O. 2, 3, 4, Old Judicial Complex, Jharsa Road, Gurgaon - 122 001.
2] SHRI SANKET KANDOI, son of Shri Moti Ram Kandoi, resident of V.P.O. Sangria, Tehsil Sangrai, Dist.
Hanumangarh (Rajasthan), (Through Power of attorney) Petitioners
Versus
STATE OF GOA through Under Secretary, (Home), Home Department (General), having office at Secretariat, Porvorim, Goa.
Respondent ...
Shri S.G. Desai, Senior Advocate with Shri Shivan Desai, Advocate for the petitioners.
Shri D. Lawande, Additional Advocate General with Ms. P. Bhandari, AGA for the respondents.
CORAM : F.M.REIS & NUTAN D.SARDESSAI, JJ DECIDED ON : 01/08/2016.
ORAL JUDGMENT (PER F.M. REIS, J):
1] Heard Shri S.G. Desai, learned Senior Counsel appearing for the petitioners and Shri Datta Lawande, learned Additional Advocate General appearing for the respondent. 2] The above petition, inter alia seeks a direction to quash and set aside the demand by the respondent in respect of the Annual Recurring Fees towards the Casino licence granted to the petitioners.
3] During the course of hearing of the above petition, Shri Datta Lawande, learned Additional Advocate General appearing for the respondent states that, in the meanwhile, the petitioners made a representation on 4th of April, 2016 inter alia seeking renewal of casino licence for the years 2011 to 2016 and the State Government considered the said representation favourably in favour of the petitioners, subject to the payment of the Annual Recurring Fees for all the five years from the year 2011 to 2016 with interest thereon. Shri S. G. Desai, learned Senior Counsel appearing for the petitioners, points out that the petitioners accept the said condition imposed by the State Government for the renewal of the subject Casino licence, which amount according to him, works out to around Rupees Fifty Crores. The learned Senior Counsel further points out that the petitioners shall accordingly pay or deposit the total Annual
Recurring Fees with the State Government within a period of four weeks from today to enable the State Government to take a decision to renew the casino licence from the year 2011 to 2016 and for the further renewal of the casino licence in accordance with the relevant policy of the State Government. Shri Lawande, the learned Additional Advocate General, upon instructions, states that in case the petitioners deposit the amount so demanded, the State Government shall favourably consider the application for further renewal of the Casino licence from the year 2016 as well as the substitution of the Vessel on the basis of prevailing law as well as on non-discriminating manner and without discrimination with similarly placed other licence holders. Accepting the statements of Shri S.G.
Desai, learned Senior Counsel appearing for the petitioners as well as Shri Lawande, learned Additional Advocate General appearing for the respondents, we dispose off the above petition on such terms. Needless to say that the learned counsel do not dispute that the renewal of the casino licence from the year 2016 would be on the assumption that the licence has been renewed from the year 2011, subject to the payment/deposit of the amount referred to hereinabove. NUTAN D.SARDESSAI, J F.M.