Maharashtra State Road Development Corporation Ltd v. Raju Jethanand Wahbi And ANR.

Sayyed 9 & 10-FA(ST).11522 & 11618-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.11522 OF 2024 WITH INTERIM APPLICATION NO.11993 OF 2024 Maharashtra State Road Development Corporation Ltd.

..Appellant/Applicant Vs.

Raju Jethanand Wahbi & Anr.

..Respondents AND FIRST APPEAL (ST) NO.11618 OF 2024 WITH INTERIM APPLICATION NO.7977 OF 2024 Maharashtra State Road Development Corporation Ltd.

..Appellant/Applicant Vs.

Raju Jethanand Wahbi & Anr.

..Respondents __________ Mr. Gautam Ankhad a/w. Mr. Mutahhar Khan & Mr. Chirag Sancheti i/by. M/s. Bulwark Solicitors for the Appellant/Applicant in both appeal. Mr. Sachin S. Punde with Mr. Manjit Thakur for Respondent No.1 in both appeal.

__________ CORAM :

A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE :

25th APRIL 2024.

P.C.:

1.

One of the contentions urged by the learned counsel for the Appellant is that in view of the Government Resolution dated 5th July 2016 issued by the Public Works Department the liability to satisfy the award would be on the Public Works Department and not on the Appellant.

Sayyed 9 & 10-FA(ST).11522 & 11618-2024.doc 2.

Leave granted to the Appellant to implead the State of Maharashtra through its Public Works Department as Respondent No.3. The amendment be carried out forthwith.

3.

The Additional Government Pleader waives notice for newly added Respondent No.3. Instructions be obtained with regard to applicability of the aforesaid Government Resolution to the facts of the present case.

4.

Leave granted to amend the memorandum of appeal prior to the returnable date.

5.

Stand over to 3rd May 2024.

(JITENDRA JAIN, J.) (A. S. CHANDURKAR, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 25/04/2024 19:07:03