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Bombay High CourtWP/674/2018allowed

United Spirits Ltd. (Erstwhile Mcdowell And Co. Ltd.), Rep. By Its Officer, Suraj Shenvi Pilgaonkar v. State Of Goa, Through The Chief Secretary And 4 ORS.,

2019-11-26Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice C. V. Bhadang3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 674 OF 2018 UNITED SPIRITS LTD. (ERSTWHILE MCDOWELL AND CO. LTD.), REP. BY ITS OFFICER, SURAJ SHENVI PILGAONKAR.

... Petitioner

Versus

STATE OF GOA, THROUGH THE CHIEF SECRETARY AND 4 ORS., ... Respondents Mr. Sudesh Manohar Usgaonkar, Advocate for the Petitioner. Mr. Devidas J. Pangam with Mr. Vishwadh Sardessai, Additional Government Advocate for the Respondents.

Coram:- M. S. SONAK & C. V. BHADANG, JJ.

Date:- 26th November, 2019 P.C.

Heard Mr. Usgaonkar, the learned Counsel for the petitioner and Mr. Pangam, the learned Advocate General with Mr. Sardessai, the learned Additional Government Advocate for the respondents.

2. The learned Counsel for the parties agree that the issues raised in this Petition are covered by the judgment and order dated 16.10.2019 in Writ Petition No. 424/2018. However, the learned Advocate General points out that the State is contemplating a challenge to the judgment and order dated 16.10.2019 in Writ Petition No. 424/2018.

WP/674/2018

3. Accordingly, for the reasons set out in our judgment and order dated 16.10.2019 in Writ Petition No. 424/2018, this Petition is allowed in terms of prayer clauses (a) and (b), which read as follows:

(a) Statutory interest of Rs.33,14,864.00 being interest at the rate of 8% per annum on Rs.74,21,336.92 from 01/07/2010 to 31/10/2016 as specified at para 25 of the petition. (b) Statutory interest of Rs.32,26,772/- being interest at the rate of 8% per annum on Rs.47,45,245.08 i.e. 90 days after the date of filing of the application for claim under sub-sec. 3 of sec. 10 for each of the four quarters of the year 2006-2007 as specified at para 26 of the Petition.

4. Insofar as prayer clauses (c) and (d) of this Petition are concerned, Mr. Usgaonkar, the learned Counsel for the petitioner, on the basis of instructions, states that the petitioner will make representation to the appropriate authority on both these issues and some time bound directions may be issued to the appropriate authority to dispose off the representations in accordance with law.

5. The learned Advocate General states that if, such representations are made, the same will be disposed off in accordance with law, within a period of three months from the

WP/674/2018 date of the receipt of the said representations.

6. This Petition is accordingly disposed off in the aforesaid terms. There shall be no order as to costs.

7. All concerned to act on the basis of an authenticated copy of this order.

C. V. BHADANG, J.

M. S. SONAK, J.

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