Century Rayon And Anr vs The State Of Maharashtra And Ors
2023 Latest Caselaw 1452 Bom

                                                                     9-ASIA-30027-2022+.DOC




                       Shivgan



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH                    CIVIL APPELLATE JURISDICTION
NILESH    SHIVGAN
SHIVGAN   Date:
          2023.02.15
          11:48:07               INTERIM APPLICATION NO. 30027 OF 2022
          +0530
                                                 IN
                                    WRIT PETITION NO. 1261 OF 2002


                       Century Rayon                                           ...Applicant
                            In the matter between
                       Century Rayon                                          ...Petitioner
                            Versus
                       The State of Maharashtra & Ors                      ...Respondents
                                                WITH
                                   CIVIL APPLICATION NO. 1943 OF 2019
                                                  IN
                                     WRIT PETITION NO. 1261 OF 2002

                       Century Rayon & Anr                                    ...Applicants
                            In the matter between
                       Century Rayon & Anr                                   ...Petitioners
                            Versus
                       The State of Maharashtra & Ors                      ...Respondents


                       Mr Vaibhav Joglekar, with Dhruva Gandhi, Sunil Tilokchandani,
                            Himalaya Chaudhari i/b M/s Manilal Kher Ambalal & Co, for
                            the Applicants/Petitioners in IA/30027/2022 & CA/1943/2019
                            in WP/1261/2002.
                       Mr NC Walimbe, AGP, for Respondent No.1-State.
                       Mr Prabha Badadare, for Respondent No.2.

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

                                           DATED:       13th February 2023




                                                13th February 2023
                                                    9-ASIA-30027-2022+.DOC




PC:-

1. Leave to amend to correct the prayers in the Interim Application in terms of draft amendments tendered, taken on record and marked 'X' for identification. Amendment to be carried out by 16th February 2023 without need of re-verification. A copy of the amended Petition will be served on the 1st and the 2nd Respondent.

2. We are informed that the stay application filed by the State Government in its appeal against the final judgment and decree in favour of the Petitioner is scheduled for hearing on 17th February 2023.

3. Before us, both sides agree that all filings in that application for stay are complete. We request the learned Judge of the District Court, Thane to dispose of that Stay Application at the earliest.

4. List this Interim Application on 2nd March 2023.

5. There were in all five suits by five different entities but before us there is only one. All five suits were decreed. In all five suits, there are appeals and pending stay applications. We are, however, concerned with only the Interim Application filed by the State Government in the Appeal from the decree in the Century Rayon suit. It is that Interim Application that is to be heard expeditiously.

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





                              13th February 2023