Gopal Jairamdas Kharkate v. Chief Engineer, P.W.D. (Elect. Div.), Mumbai And ORS.

1 2-WP - 703-2007.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 703 OF 2007 Gopal Jairamdas Kharkate Vs.

Chief Engineer, Public Works Department (Elect. Div.) and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.P. thakare, Advocate for petitioner Mr. A.D. Mohagaonkar, Advocate for respondent Nos.1 to 7 CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATED : 19th DECEMBER, 2024 Civil Application (CAW) No. 2952/2024.

Leave to amend. Leave is granted.

Amendment be carried out forthwith.

WRIT PETITION NO. 703 OF 2007 1.

Mr. Thakare, learned counsel for the petitioner submits, that the petitioner has already deposited the arrears of electricity dues as well as penalty and is ready and willing to pay an amount of Rs.2,00,000/-, as compounding charges as against the amount of Rs.5,10,000/-, claimed by the respondents by communication dated 14.11.2024. He, therefore, submits, that the Criminal proceedings instituted by way of Special Criminal

2 2-WP - 703-2007.odt Case No. 53/2005 (MSEB Vs Gopal Kharkate) be quashed.

2.

Mr. Mohagaonkar, learned counsel for the respondents, upon instructions, makes a statement, that the respondents are willing to accept an amount of Rs.2,00,000/-, as compounding charges instead of sum of Rs.5,10,000/-, as indicated in the communication dated 14.11.2024. Mr. Thakare, learned counsel for the petitioner has today handed over a demand draft in the sum of Rs.2,00,000/- bearing No.000341, dated 18/12/2024 drawn on the Bank of India, Kamtha Branch, Gondia to the learned counsel for the respondents, as full and final settlement of the compounding charges, which has been accepted by Mr.Mohgaonkar, learned counsel for the respondents as full and final settlement. This would indicate, that all the electricity dues, penalty and compounding charges have been paid.

In view of this position and the consent accorded by the respondents, the further prosecution of the Special Criminal Case No. 53/2005 (MSEB Vs Gopal Kharkate), would be a mere empty formality, on account of which,we hereby quash the proceedings in Special Criminal Case No. 53/2005 (MSEB Vs Gopal Kharkate), pending before the Special Judge, Gondia.

3 2-WP - 703-2007.odt considering the special circumstances in this case and would not act as a precedent.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 19/12/2024 17:24:34