Smt. Sushilabai Mohansingh ... vs The State Of Maharashtra, State ...
2021 Latest Caselaw 12780 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH AT NAGPUR

                     WRIT PETITION NO. 477/2020
      (Sushilabai Mohansingh Thakur vrs. The State of Mah and ors)
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 Office Notes, Office Memoranda of Coram,                      Court's or Judge's orders
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                           Shri S.G.Jagtap, Advocate for petitioner
                           Shri S.D.Shirpurkar, AGP for respondents


                           CORAM : AVINASH G. GHAROTE, J.

DATE : 07/09/2021

In furtherance of the order dated 10.8.20 passed by this Court, learned AGP Mr. Shirpurkar, invites my attention to Section 114 of the Maharashtra Prohibition Act, which according to him permits simple interest to be charged at the rate of 2% per month from the date it has become due on any fees leviable under any of the provisions of the said Act and submits, that since the license of the petitioner was re-validated, the provision u/s 114 being a miscellaneous provision applicable to all action would cover the levy of interest as has been done.

2] Mr. Jagtap learned counsel for the petitioner has invited my attention to the judgments of this Court in Smt. Keti Ardeshir Kapadiya vrs. State of Maharashtra , W.P. No. 199 of 2006 , decided on 7.1.2011 and Ashok Pandurang Rane vrs. State, C.A. No. 2300 of 2019 in W.P. No. 13623/2019, decided on 21.11.2019. He also relies upon the judgment in the case of Maheshprasad Dwarkadas Jaiswal vrs. State, 2018 (3) All MR 649, in support of his contention that interest is not chargeable in absence of the power with the authority in

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that regard. He further submits that matter be kept on 22.9.2021 for further consideration on the issue, accepting which list the matter on 22.09.2021.

JUDGE

Rvjalit