Akshay Corporation vs The State Of Maharashtra And 3 Others
2024 Latest Caselaw 2049 Bom

Bombay High Court

Akshay Corporation vs The State Of Maharashtra And 3 Others on 23 January, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

   2024:BHC-OS:1365-DB

RAMESHWAR
LAXMAN
DILWALE            9-wp-607-19.doc                                                     Rameshwar Dilwale




Digitally signed               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by RAMESHWAR
LAXMAN                              ORDINARY ORIGINAL CIVIL JURISDICTION
DILWALE
Date: 2024.01.23
                                        WRIT PETITION NO.607 OF 2019
18:02:04 +0530     Akshay Corporation                                  .. Petitioner
                                Vs.
                   The State of Maharashtra and Ors.                   .. Respondents
                                                       ...

Mr. Jayesh Jain for the Petitioner.

Mrs. Jyoti Chavan, Addl. GP for Respondent-State.

...

                                                   CORAM : A.S. CHANDURKAR &
                                                            JITENDRA JAIN, JJ

                                                       DATE     : 23rd JANUARY, 2024.

                   P.C. :

1. By the order dated 19/01/2024, the learned counsel for the

petitioner had sought to rely upon the judgment in Writ Petition No.4575

of 2022 (Adityaraj Builders Vs. The State of Maharashtra & Ors .) decided

on 17/02/2023 to urge that the Circulars dated 23/06/2015 and

30/03/2017 impugned in the writ petition have been struck down.

Further, a direction to refund the differential amount that was deposited

by the petitioner has been issued alongwith accrued interest.

2. Accordingly for the reasons recorded in the aforesaid judgment, the

writ petition is allowed in said terms. It is directed that the amount

deposited on behalf of the petitioner shall be refunded to it with accrued

interest.

3. Rule is disposed of in aforesaid terms with no order as to costs.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ]