Synechron Technologies Pvt. Ltd vs Chief Controlling Revenue ...
2021 Latest Caselaw 15569 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2021.10.29
             14:35:47 +0530




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                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
                                             INTERIM APPLICATION NO.3142 OF 2021
                                                                       IN
                                                   WRIT PETITION NO.11353 OF 2019


                                   Synechron Technologies Pvt. Ltd.           ..            Applicant

                                           Vs.

                                   Chief Controlling Revenue Authority,
                                   Maharashtra State & Ors.                   ..          Respondents

                                                                       ...

                                   Ms. Aparna Devkar i/b M/s. M.P. Vashi & Associates for the
                                   applicant/orig. Petitioner.

                                   Mr. R.P. Kadam, A.G.P. for the State.
                                                                  ...

                                                        CORAM : SMT. BHARATI DANGRE, J.

                                                        DATED      : 28TH OCTOBER, 2021.

                                   P.C:-

1. By the present interim application, the applicant prays for the following reliefs:

"a. That the applicant may be allowed to amend the above writ petition as per the schedule annexed to the present

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application as Exhibit-G.

b. That the operation of the interim relief granted by the order dated 22 nd October, 2019 be continued subject to the applicant extending the bank guarantee for a period of one year from 29th October, 2021.

c. Interim & ad interim relief in terms of prayer (b) be granted.

d. That the cost of the application be provided for.

e. Such other and further relief be granted as the Court may deem fit to grant in favour of the Applicant."

2. As far as prayer clause (a) is concerned, the amendment is sought in terms of schedule, which is exhibited as Ex-G. Perused the said schedule. On its perusal, it is apparent that the applicant seeks to bring on record a pleading qua the impugned order, which has invoked the provisions of the Maharashtra Stamp Act and this can only be looked as a ground for challenging the impugned judgment. I see no hesitancy in granting the said prayer.

3. As far as prayer clause (b) is concerned, the interim relief dated 22/10/2019 was made subject to furnishing the Bank Guarantee for an amount of Rs.1.5 crores. The Bank Guarantee was initially furnished for period of six months but by various AJN 3/3 21 IA-3142.21.odt

orders of this court, it has been extended from time to time. The further extension of the Bank Guarantee, which is prayed for a period of one year, in my considered view, would not prejudice any of the parties and would also save the time of the applicant from moving the court on every occasion on expiry of the Bank Guarantee.

4. In the light of the aforesaid, the validity of the Bank Guarantee furnished by the applicant shall be extended by further period of one year. The interim relief, in turn, shall continue to operate during the subsistence of the Bank Guarantee. Necessarily, the interim application is made absolute in terms of prayer clauses (a), (b) and (c).

5. The amendment shall be carried out within four weeks from today.

[SMT. BHARATI DANGRE, J.]

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