Atc Telecom Infrastructure Pvt. Ltd., Mumbai Thr. Mr. Rohit Rawal, Auth. Representative v. Akola Municipal Corporation, Akola Thr. Its Municipal Commissioner And Others

2024:BHC-NAG:12466-DB 1 9.CAW.1666-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO. 1666 OF 2024 IN WRIT PETITION NO. 5536 OF 2021(D) ( ATC Telecom Infrastructure Pvt. Ltd., Thr. Mr. Prashant Madkaiker Vs.

Akola Municipal Corporation, Thr. its Municipal Commissioner & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.V. Bhutada, Advocate for the Petitioner. Mr. Girish Kandhari, Advocate h/f Mr. Anjan De, Advocate for the Respondent Nos. 1 & 2.

Mr. H.R. Dhumale, AGP for the Respondent No.3./State. CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 14th NOVEMBER, 2024 Civil Application (CAW) No.1666/2024 seeks withdrawal of the amount of rupees 5.50 Crores alongwith accrued interest deposited in this Court by the Petitioner in compliance of the order dated 24.12.2021 passed in Writ Petition No.5536/2021.

2.

Writ Petition No.5536/2021 has been already decided on 01.04.2024, & while doing so vide para 11 the deposit of the aforesaid amount was directed to be continued for a period of 60 days, by which time the objections of the Petitioner were to be determined by the Commissioner. The Commissioner has thereafter rejected the objections, as a result of which, Writ Petition No.6328/2024 has been filed, in

2 9.CAW.1666-2024.odt which the notices were issued on 21.10.2024. We, therefore, dispose of this Application by directing that the withdrawal of the aforesaid amount shall be subject to the result of Writ Petition No.6328/2024.

3.

The Application is disposed of.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 14/11/2024 15:30:04