Adeshwar Meditex Pvt. Ltd. ... vs The State Of Maharashtra, ...
2021 Latest Caselaw 2619 Bom

                                                                                       13. civil wp st 837-21.doc

R.M. AMBERKAR
(Private Secretary)

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION (ST) NO. 837 OF 2021


                      Adeshwar Meditex Pvt Ltd                                    .. Petitioner
                                        Versus
                      State of Maharashtra & Anr.                                 .. Respondents

                                                   ...................
                       Mr. Nilesh Patil for the Petitioner
                       Ms. Neha Bhide 'B' Panel Counsel for the State
                                                           ...................

                                                   CORAM        : UJJAL BHUYAN &
                                                                  MILIND N. JADHAV, JJ.

                                                    DATE       :    FEBRUARY 09, 2021.


                      P.C.:

Heard Mr. Patil, learned counsel for the petitioner.

2. Issue raised in the writ petition is levy of transport fee

on industrial alcohol.

3. Mr. Patil, learned counsel for the petitioner submits that

this question has been settled by a Division Bench judgment

of this Court in Sahakar Maharshi Shankarrao Mohite

Patil Sakhar Karkhana Ltd Vs. State of Maharashtra &

Ors.1 .

                      1    2011(5) Bom.C.R. 211


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                                                     13. civil wp st 837-21.doc

4. However, Ms. Bhide, leaned AGP submits that State has

moved the Supreme Court against the aforesaid decision.

5. Be that as it may, let a notice be issued.

6. Ms. Bhide, learned AGP waives notice for both the

respondents.

7. Let the respondents shall file their reply affidavit by the

next date indicating therein the status of the litigation in the

Supreme Court.

8. In the meanwhile, it is made clear that any levy of

transport fee on industrial alcohol of the petitioner shall be

subject to outcome of the writ petition.

9. Stand over to 2nd March, 2021.

[ MILIND N. JADHAV, J. ] [ UJJAL BHUYAN, J. ]

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