Disposed

Messrs Maharashtra Seamless Limited v. Union of India and 3 Ors.

Bombay HC6 Jul 2007WP/1456/2007

Case brief

AI extract

What is this about?

This order disposes of a writ petition regarding a financial demand by directing the Railway authorities to constitute a three-member committee to re-examine a claim of Rs. 62 lacs within one week, pending which no coercive recovery is permitted.

What did the court decide?

Direction to constitute a three-member committee within one week to re-examine the claim; no coercive steps for three weeks.

Messrs Maharashtra Seamless Limited Vs… — Constitutional and Fundamental Rights | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.1374 OF 2007

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Messrs Maharashtra Seamless Limited

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... Petitioners

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Vs.

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Union of India & Ors.

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... Respondents

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Ms. E.A. Gonsalves for the Petitioners.

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Mr. A.N. Samant for Respondent Nos.1 and 3.

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CORAM : SWATANTER KUMAR, C.J. & SMT. RANJANA DESAI, J. DATED : JULY 06, 2007.

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P.C.:-

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The learned counsel appearing for the Petitioners, without

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prejudice to their rights and contentions, submits that the demand raised by the Respondents to the extent of Rs.62 lacs can be reexamined by three member team to be constituted by the General Manager, Central Railway. They would also hear the Petitioners and, thereafter, appropriate orders will be passed in accordance

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with law and the Petitioners should be directed then to pay that

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amount. The learned counsel appearing for the Respondents, however, make a submission without prejudice to the rights of the Railways, to make a claim in the Railway Tribunal under the Provisions of the Railway Tribunals Act. The learned counsel appearing for the Petitioners says that the offer made is acceptable to them provided for a period of two weeks, they take no coercive steps to recover the amount and the Petitioners thereafter would abide by the decision given by the Tribunal or the Committee constituted by the General Manager subject to their rights available to them in law.

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In view of the joint submissions made by the learned counsel appearing for the parties, we dispose of the Writ Petition with a direction to the Respondents to constitute a three member committee to be appointed by the General Manager within one week from today i.e. on or before 13/7/2007, who shall hear the Petitioners and pass appropriate order in relation to the contention regarding Rs.62 lacs, raised in the present Petition. The Respondents shall not take any coercive steps for a period of three

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weeks from today i.e. till 27/7/2007. The Petitioners shall appear

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before the committee as intimated by the learned counsel for the

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Respondents. The Petition is disposed of while leaving the

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parties to bear their respective costs.

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[CHIEF JUSTICE]

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[SMT. RANJANA DESAI, J.]

Messrs Maharashtra Seamless Limited v. Union of India and 3 Ors.

Case brief

What is this about?

What did the court decide?

Messrs Maharashtra Seamless Limited v. Union of India and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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