The South Indian Education ... vs State Of Maharashtra, Through ...
2023 Latest Caselaw 1314 Bom

                                         27-28-OSIWPL-40580-2022 WITH OSIWPL-40615-2022 .DOC




                       Shivgan



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2023.02.08
          18:51:57
                                 INTERIM APPLICATION (L) NO.40580 OF 2022
          +0530

                                                        IN
                                      WRIT PETITION NO. 3295 OF 2022


                       The South Indian Education Society                       ...Applicant
                              In the matter between
                       The South Indian Education Society                      ...Petitioner
                              Versus
                       State of Maharashtra,
                       Through Secretary, Industries, Energy & Labour
                       Department & Ors                                     ...Respondents

                                                      WITH
                                 INTERIM APPLICATION (L) NO.40615 OF 2022
                                                        IN
                                      WRIT PETITION NO. 3294 OF 2022

                       The South Indian Education Society                       ...Applicant
                              In the matter between
                       The South Indian Education Society                      ...Petitioner
                              Versus
                       State of Maharashtra
                       Through Secretary, Industries, Energy & Labour
                       Department & Ors                                     ...Respondents


                       Mr GS Godbole, with Anuj Jaiswal i/b, Little & Co, for the
                            Applicant/Petitioner in IAL/40580/2022.
                       Mr Himanshu Takke, AGP, for the Respondents/State in
                            IAL/40580/2022.


                                                     Page 1 of 3
                                                  7th February 2023
                   27-28-OSIWPL-40580-2022 WITH OSIWPL-40615-2022 .DOC




Mr GS Godbole, with Pratibha Mehta, for the Applicant/Petitioner in
     IAL/40615/2022.
Mr Amit Shastri, AGP, for Respondents Nos.1 and 2/State in
     IAL/40615/2022.
Mr Nitesh Zimur, i/b A.R.S.Baxi, for the Respondent No.3 in
     IAL/40615/2022.


                     CORAM        G.S. Patel &
                                  Dr Neela Gokhale, JJ.

                     DATED:       7th February 2023
PC:-

1. In both the matters we are told that the Electricity Duty Refund Committee has not taken a final decision. In the second Interim Application, we are told that the meeting was held, but the minutes could not be signed because the chairperson was transferred. His successor has just taken charge. The matter is to be taken up at the next committee meeting.

2. We are not interested in these departmental and secretarial issues. We have delivered a 17 page reasoned judgment several months ago, on 12th July 2022. We made rule absolute in the Writ Petition. We made it clear that the Petitioner was entitled to a refund. We only said that the actual amount of the refund would need to be worked out. Even on that day, that is over eight months ago, we were told that the State Government had set up a dedicated Electricity Duty Refund Committee. We do not see why our orders are being observed only in the breach.

7th February 2023 27-28-OSIWPL-40580-2022 WITH OSIWPL-40615-2022 .DOC

3. We give this Committee a final opportunity. Its members will need to be given notice of a meeting. We direct that the Committee's meeting to consider the claim of this Applicant is to be held on Monday 20th February 2023. The decision is to be taken on that day. We are not concerned whether minutes are or are not signed. The decision at that meeting is to be communicated to the applicant by 22nd February 2023. The amount that is accepted as a refund is to be remitted to the applicant by 3rd March 2023, by electronic transfer.

4. We list the Interim Application for compliance on 6th March 2023.

(Dr Neela Gokhale, J)                                (G. S. Patel, J)





                            7th February 2023