South Western Ralway Zone v. M/S Godawari Industrial Traders Thr Its Partner Vishnudas Jaikishan Rathi

40-wp-12512-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12512 OF 2025 South Western Railway Zone ...

Petitioner V/s.

Godawari Industrial Traders through its partner Vishnudas Jaikishan Rathi ...

Respondent ------------------- Ms. Leena Patil, for the petitioner.

--------------------

CORAM

:

N.J. JAMADAR, J.

VARSHA DEEPAK GAIKWAD DATE :

1ST OCTOBER 2025.

VARSHA DEEPAK GAIKWAD Date: 2025.10.03 17:25:11 +0530 PC:

1.

Heard the learned counsel for the petitioner. 2.

The challenge in this petition is to an order dated 17th March 2025, whereby the learned District Judge, Pune directed the petitioner to deposit 75% of the amount ordered to be paid by the Micro and Small Enterprises Facilitation Council, Pune to entertain the application against the award passed by the MSEFC. 3.

The learned counsel for the petitioner submits that in terms of the impugned order, the petitioner has deposited 75% of the award amount. However, after filing of this petition, the respondent has filed an application for withdrawal of the said amount. Since the petitioner has raised a jurisdictional issue, the respondent may not be permitted to withdraw the amount, lest the petitioner would suffer grave prejudice.

varsha

40-wp-12512-2025.doc 4.

Since the petitioner has already made the pre-deposit, there is no propriety in entertaining this petition.

5.

In case the learned District Judge passes an order permitting the respondent to withdraw the amount deposited by the petitioner, the said order shall not be given effect to, for a period of two weeks to facilitate the petitioner to work out its remedies. 6.

Subject to aforesaid direction, the petition stands disposed. (N.J. JAMADAR, J) varsha