Bombay High Court
The Navhind Co.Op. Credit Soc. ... vs State Of Maharashtr Through ... on 11 July, 2022
Bench: Nitin W. Sambre
IRESH SIDDHARAM Digitally signed by IRESH
SIDDHARAM MASHAL
MASHAL Date: 2022.07.13 12:13:42 +0530
16.2604.16 caw.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 2604 OF 2016
IN
CIVIL WRIT PETITION NO. 8453 OF 2011
THE NAVHIND CO. OP. CREDIT SOC. ....APPLICANT
LTD. THROUGH MANAGER SHRI
MADAN PATIL
V/s.
STATE OF MAHARASHTRA THROUGH .....RESPONDENT
SECRETARY AND ORS
WITH
CIVIL APPLICATION NO. 1487 OF 2017
IN
CIVIL APPLICATION NO. 2604 OF 2016
IN
CIVIL WRIT PETITION NO. 8453 OF 2011
THE ADDITIONAL COMMISSIONER OF SALES ....PETITIONER
TAX, KOLHAPUR ZON
IN THE MATTER BETWEEN
THE NAVHIND CO. OP. CREDIT SOC. ....APPLICANT
LTD. THROUGH MANAGER SHRI
MADAN PATIL
V/s.
STATE OF MAHARASHTRA THROUGH .....RESPONDENT
SECRETARY AND ORS
1/5
16.2604.16 caw.doc
WITH
CIVIL APPLICATION NO. 2567 OF 2016
IN
CIVIL WRIT PETITION NO. 8452 OF 2011
THE SAHYADRI COOPERATIVE CREDIT ....PETITIONER
SOCIETY LTD. BELGAUM
V/S.
STATE OF MAHARASHTRA AND ORS ....RESPONDENTS
WITH
INTERIM APPLICATION NO. 477 OF 2022
IN
CIVIL APPLICATION NO. 2567 OF 2016
WITH
INTERIM APPLICATION NO. 473 OF 2022
ATHARV INTERTRADE PVT. LTD. ....APPLICANT
IN THE MATTER BETWEEN
THE SAHYADRI COOPERATIVE CREDIT ....PETITIONER
SOCIETY LTD. BELGAUM
V/S.
STATE OF MAHARASHTRA AND ORS ....RESPONDENTS
WITH
CIVIL APPLICATION NO. 1476 OF 2017
IN
CIVIL APPLICATION NO. 2567 OF 2016
THE ADDITIONAL COMMISSIONER OF SALES ....APPLICANT
TAX KOLHAPUR ZONE
IN THE MATTER BETWEEN
2/5
16.2604.16 caw.doc
THE SAHYADRI COOPERATIVE CREDIT ....PETITIONER
SOCIETY LTD. BELGAUM
V/S.
STATE OF MAHARASHTRA AND ORS ....RESPONDENTS
WITH
CIVIL APPLICATION NO. 299 OF 2018
IN
CIVIL WRIT PETITION NO. 8453 OF 2011
THE TASGAONKAR SUGAR MILL LTD. ....APPLICANT
V/S.
THE NAVHIIND COOPERATIVE CREDIT ....RESPONDENT
SOCIETY LIMITED
WITH
CIVIL APPLICATION NO. 300 OF 2018
IN
CIVIL WRIT PETITION NO. 8452 OF 2011
THE TASGAONKAR SUGAR MILL LTD. .....APPLICANT
V/S.
THE SAHYADRI COOPERATIVE CREDIT ....RESPONDENT
SOCIETY LIMITED
Mr. Shriniwas s. Patwardhan for original/ Petitioner Advocate for the
Applicant
Mr. S. H. Kankal, AGP for Respondent nos. 1 to 4
Mr. Chetan G. Patil for Respondent no. 5
Mr. Shekhar Jagtap a/w Sairuchita Choudhary a/w Mayuresh Ingale
3/5
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a/w Shubham Gade a/w Padmaja Malgaonkar i/b J. Shekhar & Co.
for Respondent no. 6
Mr. Suresh Kumar for Respondent no. 9
None for Respondent no. 8
CORAM : NITIN W. SAMBRE, J.
DATE: JULY 11, 2022.
P.C.:
1) Heard.
2) In view of the order of the Apex Court dated 28/03/2016 in
Civil Appeal No. 1840 of 2013, particularly as mentioned in para 14
which reads thus:
"14. For the reasons, as discussed above, both the appeals
deserve to be allowed. Accordingly, the appeals are
allowed. The impugned judgment and other dated
10.2.2012, passed in Writ Petition Nos. 8452 of 2011 and
8453 of 2011 is set aside. We direct the authorities
concerned to disburse the amount in the light of the
observations made above regarding entitlement of the
appellants with precedence over the dues payable to
workers and sugarcane farmers, under Sugarcane
(Control) Order 1966. However, we clarify that the amount
already distributed shall not be recovered from the
workers and the sugarcane farmers. There shall be no
order as to costs."
16.2604.16 caw.doc
I hardly see any reason so as to entertain the Applications.
3) Mr. Partwardhan, counsel appearing for the Applicants
informed that already objectors preferred Application for clarification
which was rejected vide order dated 18/08/2018 in I.A.D. No. 8731
and 8732/2018 in Civil Appeal Nos. 1840 and 1841/2013.
4) In view of above, I hardly see any reason which warrants
consideration of the prayer made in Civil Application No. 2604 of
2016 and Civil Application No. 2567/2016. Applications stand
disposed of relegating the parties to approach before the Authorities
concerned for disbursement of the amount as directed by the Apex
Court.
5) In view of disposal of Civil Application Nos. 2604/2016 and
2567/2016, nothing survives in other remaining Applications. They
stand disposed of accordingly.
[NITIN W. SAMBRE, J.]
