Bnc Power Projects Ltd. And Anr vs Union Of India Through Secretary
2021 Latest Caselaw 13577 Bom

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                                                                    14.w6624.21.doc
         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION
                     WRIT PETITION (L) NO.6624 OF 2021

M/s.BNC Power Products Ltd. & Anr.              ... Petitioners
           V/s.
Union of India & Ors.                           ... Respondents


Dr.Milind Sathe, Senior Counsel with Mr.Rushikesh Kale for the Petitioners.
Ms.Atithi Abhay and Jitendra H. Oak i/b Mr.A.A.Garge for Respondent
No.1.
Mr.Abhijeet A. Joshi with Mr.Varsha Sawant for Respondent No.3.
Mr.Abhay L. Patki Addl.G.P. for Respondent-State.



                                  CORAM: UJJAL BHUYAN AND
                                         MADHAV JAMDAR, JJ.

DATE : 21ST SEPTEMBER, 2021.

P.C:-

Heard Dr.Milind Sathe, learned Senior Counsel for the Petitioners.

2. Issue notice to the Respondents, returnable on 26th October, 2021. Ms.Atithi Abhay holding for Mr.A. A. Garge, learned Counsel waives notice on behalf of Respondent No.1 i.e. Union of India; Mr.Abhay Patki, learned Addl.G.P. waives notice on behalf of Respondent No.2 and Mr.Abhijeet Joshi, learned Counsel waives notice on behalf of Respondent No.3 i.e. Maharashtra State Electricity and Transmission Company Ltd.

3. Respondents to file reply affidavit/additional reply affidavit by the next date.

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4. After hearing learned Counsel for the parties and considering the order passed by this Court on 29/03/2019 in identical Writ Petition i.e. Writ Petition No.668 of 2019, GET & D India Ltd. vs. Union of India, as well as judgment of the Supreme Court in Uttar Pradesh Power Transmission Corporation Ltd. vs. C.G.Power and Industrial Solutions Ltd., 2021 SCC Online SC 389, which says that cess under the Building and Other Construction Workers' Welfare Cess Act, 1996 would not be leviable in contract works not involving any construction, we direct as an interim measure that Respondent No.3 shall not make any further deduction of 1% cess on the cost of design and supply of equipment made by the Petitioners.

5. Liberty is granted to the Petitioners to implead Maharashtra State Building and Other Construction Workers' Welfare Board as a Respondent in the present proceeding. Necessary amendment be carried out within a week. Re-verification is dispensed with.

6. Stand over to 26th October, 2021.

      [MADHAV JAMDAR, J.]                              [UJJAL BHUYAN, J.]