M/S. R. K. Sancheti, Nagpur Thr. ... vs State Of Maharashtra, Thr. Secretary ...
2024 Latest Caselaw 1911 Bom

Bombay High Court

M/S. R. K. Sancheti, Nagpur Thr. ... vs State Of Maharashtra, Thr. Secretary ... on 23 January, 2024

Author: M.S.Jawalkar

Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar

2024:BHC-NAG:941-DB


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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH AT NAGPUR
                                    CIVIL APPLICATION (CAW) NO. 225/2024
                                                     IN
                                         WRIT PETITION NO. 6216/2023
                  M/S. R. K. SANCHETI, NAGPUR THR. ITS PARTNER, RAJENDRA KISANLAL SANCHETI AND ANR.
                                                                ...Vs...
            STATE OF MAHARASHTRA, THR. ITS SECRETARY (ROADS), MINISTRY OF PUBLIC WORKS, MANTRALAYA,
                                                MUMBAI AND ORS.
                                                    WITH
                                    CIVIL APPLICATION (CAW) NO. 227/2024
                                                     IN
                                         WRIT PETITION NO. 6236/2023
                                                    WITH
                                    CIVIL APPLICATION (CAW) NO. 228/2024
                                                     IN
                                         WRIT PETITION NO. 6230/2023
                                                    WITH
                                    CIVIL APPLICATION (CAW) NO. 229/2024
                                                     IN
                                         WRIT PETITION NO. 6227/2023
         Office Notes, Office Memoranda of                          Court's or Judge's orders
         Coram,     Appearances,     Court's
         orders or directions and Registrar's
         orders

                                            Shri A.A.Naik, Advocate for petitioners.
                                            Shri F.T.Mirza, Advocate for respondent no. 5.
                                            Shri A.M.Joshi, AGP for respondents/State.

                                            CORAM:        AVINASH G. GHAROTE AND
                                                          SMT. M.S.JAWALKAR, JJ.

DATED : 23rd JANUARY, 2024.

Today, Mr. Naik, learned counsel for the petitioners has submitted the Civil Applications, across the bar, for keeping the effect and operation of the judgment dated 22/01/2024 in abeyance for a period of four weeks. The Civil Applications are accepted and office is directed to register the same. 2 00-WP 6216-2023.odt

2. He contends that on 14/09/2023, when the notices were issued, by an interim order, it was directed that the work order, if not issued, shall not be issued without obtaining leave of the Court, which order has been continued to remain in force till yesterday, when the judgment was pronounced. It is therefore, requested that the same position be continued for a period of four weeks.

3. Mr. Mirza, learned counsel for respondent no. 5 vehemently opposes the plea contending that, since the work order has already been issued and the work is of the construction of road and since five valuable months have already been wasted on account of present litigation at the behest of the petitioners, no such extension be granted.

4. Considering that, by the order dated 14/09/2023, the issuance of the work order was made subject to leave of the Court and work order is stated to have been issued today, the effect and operation of the judgment dated 22/01/2024 is stayed for a period of one week from today. It is made clear that, in regard to the construction contract, if no continuation of the said order is obtained, the respondent no. 5 shall be free to commence the work in terms of the said work order.

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5. The Civil Applications stand disposed of.

(SMT. M.S.JAWALKAR, J.) (AVINASH G. GHAROTE, J.)

B.T.Khapekar

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 23/01/2024 18:59:46