The Honorable Minister Of State Of ... vs M/S Vidarbha Bottlers Pvt. Ltd. ...
2023 Latest Caselaw 241 Bom

                                                       1                                  53.CAO.82-2021.odt




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

                  CIVIL APPLICATION (CAO) NO. 82 OF 2021
                                     IN
               MISC. CIVIL APPLICATION (ST) NO. 10170 OF 2020
                                     IN
                     WRIT PETITION NO. 2629 OF 2019(D)
( The Honourable Minister of State of State Excise, State of Maharashtra
                                & Anr.
                                  Vs.
          M/s. Vidharbha Bottlers Pvt. Ltd., Thr. Its Director )

Office Notes, Office Memoranda                             Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Ms. Tajwar Khan, A.G.P. for the Applicants/Petitioners/State.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 07th JANUARY, 2023

The application seeks condonation of delay of 278 days in filing the review application. Though the respondent has been served, none appears. Considering the quantum of delay and accepting the reasons given, the delay is condoned, subject to the costs of Rs. 1,000/- to be paid to the High Court Legal Aid Services Sub Committee, Nagpur, as a condition precedent.

The Application is allowed in the above terms.

MISC. CIVIL APPLICATION (ST) NO. 10170 OF 2020

The application seeks a limited review of para 17-C of the judgment dated 03.02.2020 passed in 2 53.CAO.82-2021.odt

Writ Petition No. 2629/2019, on the ground that the adjustment of the license fees for the years 2016-17 and 2017-18, could not have been ordered by the learned Court in view of the judgment of the Full Bench in Jitendra S/o Manindranath Bose Vs. The State of Maharashtra & Anr., Writ Petition No.3657/2010, decided on 11.08.2011 in which in para 12, it has been held that the State Government is not bound to refund the fees privilege charged from a licensee, whereby such licensee is prevented by an order of a Court or similar reason not attributable to the Government, for the period when such business was not carried out.

2. It is contended, that the judgment of the Full Bench was not brought to the notice of the Court while deciding Writ Petition No. 2629/2019, which has resulted in the direction as contained in para 17-C, which needs to be reviewed, in consonance what the learned Full Bench has decided as held.

3. Issue notice to the non-applicant/ respondent for final disposal, returnable on 31.01.2023.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:09.01.2023 20:16