Kdc Polyplast Llp v. The State Of Maharashtra Through G.P. And ORS

k 1/2 51 ia 1463.25 in wp as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1463 OF 2025 WITH WRIT PETITION NO.7836 OF 2024 KDC Polyplast LLP ....Applicant

IN THE MATTER BETWEEN

KDC Polyplast LLP ....Petitioner V/S State of Maharashtra & Ors.

....Respondents ________ Mr. Nameet Karani i/b M/s. Manoj & Ashok Associates for the Applicant/Petitioner.

Mr. Y.D. Patil, AGP for Respondent Nos.1 and 3/State. Ms. Nukshinano i/b M/s. M.V. Kini & Co. for Respondent Nos.2 to 4.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 06 FEBRUARY 2025.

P.C.:

1.

The Interim Application is filed seeking liberty to withdraw the amount of Rs.5,58,150/- deposited in this Court in pursuance of order dated 30 May 2024. It is pointed out that under provisions of section 127 of the Electricity Act, 2003 only 50% of the assessed amount is required to be deposited as a precondition for entertainment and decision of the Appeal. It is further pointed out that there is no provision for making any katkam Page No.

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k 2/2 51 ia 1463.25 in wp as.doc deposit in the account of the Appellate Authority and that 50% amount is required to be paid to Respondent No.4-MSEDCL. 2.

Interim Application is accordingly allowed. The Applicant is permitted to withdraw the entire amount deposited in this Court alongwith accrued interest. He shall however pay 50% of the assessed amount to Respondent No.4-MSEDCL within a period of two weeks of the withdrawal of the amount from this Court.

3.

With the above directions, the Interim Application is disposed of.

(SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date: 2025.02.11 12:12:47 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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