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Bombay High CourtIA/13165/2024disposed off

Dhariya Construction Pvt. Ltd. v. The Executive Engineer Raigad Irrigation Dept. And ORS.

2024-11-18Hon'Ble The Chief Justice , Hon'Ble Shri Justice Amit Borkar2 pages

48-IA.13165.2024 Jvs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13165 OF 2024 IN WRIT PETITION NO. 7703 OF 2015 M/s. Dhariya Construction Pvt. Ltd.

} Petitioner

Versus

The Executive Engineer, Raigad } Irrigation Department & Ors.

} Respondents Mr. Alankar Kirpekar with Mr. Sagar Kasar, Mr. Ayush Tiwari and Ms. Chaitali Bhogle i/b. VMK Legal for petitioner.

by JAYANT VISHWANATH SALUNKE Date: 2024.11.18 18:22:16 +0530 JAYANT VISHWANATH SALUNKE Mr. Neha S. Bhide, Government Pleader with Mr. O. A. Chandurkar, Additional Government Pleader and Ms.

G.

R.

Suryawanshi, AGP for respondents (State).

CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.

DATE:

NOVEMBER 18, 2024 P.C.:

1.

This interim application has been moved seeking extension of time granted vide our order dated 15th July 2024 to the petitioner to submit its claim of idle charges within a fortnight from the date of the order before the Committee through the Member Secretary of the committee along with all the evidences on which the petitioner intended to rely. It has been stated by the learned counsel for the petitioner that in compliance of the said order dated 15th July 2024, though the petitioner did submit its claim relating to idle charges, however, it was

48-IA.13165.2024 submitted beyond the fortnight from the date of order, i.e., from 15th July 2024.

2.

Having regard to the said fact as also the nature of issue which was required to be decided by the Committee as directed by the Court vide its order dated 15th July 2024, we dispose of this interim application with the direction to the Committee to take an informed decision on the claim put forth by the petitioner relating to idle charges even if the said claim was submitted to the Committee after a fortnight from the order dated 15th July 2024.

3.

Final decision on the claim put forth by the petitioner shall be taken by the Committee within four months from today. 4.

The interim application stands disposed of in the aforesaid terms.

(AMIT BORKAR, J.) (CHIEF JUSTICE)