Shailesh K Bothara And Ors vs State Of Maha. Thr. Prin. Sec. ...
2023 Latest Caselaw 6918 Bom

2023:BHC-AS:19205-DB

                pvr                                                                          ia-st-13309-23.odt


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO.13309 OF 2023
                                                      IN
                                         WRIT PETITION NO. 4365 OF 2023
                  Shailesh K. Bothra & Ors.                                ... Petitioners/Applicants
                                    Versus
                  State of Maharashtra & Ors.                              ... Respondents

                  Mr. G.S. Godbole, Senior Advocate a/w. Mr. Parag Tilak, Ms. Shivani Samel for
                  the petitioners.
                  Ms. Shruti D. Vyas, 'B' Panel Counsel for the State.
                                           _______________________
                                CORAM:                G. S. KULKARNI &
                                                      JITENDRA JAIN, JJ.

                                DATE:                 12 July, 2023
                                                 _______________________
                P.C.:

1. This interim application was filed after we have reserved the above petition for judgment.

2. The contention as urged in the interim application is that the other properties of the dealer/defaulter were available to the Sales Tax Department and such material could not be placed on record earlier and hence, be permitted to be placed on record.

3. Today we have pronounced the judgment on the writ petition. In view of our decision on the question of law as framed in paragraph 2 of the judgment, this application cannot be entertained. In any event, it has become infructuous as rightly stated by Mr. Godbole, learned Counsel for the applicant

4. Interim Application is accordingly rejected as infructuous. No costs.

[JITENDRA JAIN, J.] [G. S. KULKARNI, J.]