Allowed

M/S. Ajwani Constructions Pvt.Ltd. v. State of Maharashtra and Othrs

Bombay HC8 Oct 2009FA/839/2009

Case brief

AI extract

What is this about?

In this first appeal and civil application, the court permitted the withdrawal of the underlying special civil suit and disposed of the appeal with liberty to the appellant to approach the appropriate authority for recovery proceedings.

What did the court decide?

Special Civil Suit No. 128 of 2007 and the present appeal were allowed to be withdrawn with liberty to take appropriate proceedings.

M/S. Ajwani Constructions Pvt.Ltd. Vs State of… — Civil Procedure and Limitation | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 839 OF 2009 with

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CIVIL APPLICATION NO.3138 OF 2009

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M/s. Ajwani Constructions Pvt. Ltd.

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... Appellant

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versus

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State of Maharashtra and others

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....Respondents

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Mr. V.S. Gokhale for the appellant. Smt. S.V. Sonavane, Assistant Government Pleader, for the respondents.

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CORAM : P.B. MAJMUDAR &

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R.V. MORE, JJ. DATE: OCTOBER 08, 2009.

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P.C.

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After arguing the matter for some time, learned counsel for the appellant states that he may be permitted not only to withdraw this appeal but also withdraw the suit being Special Civil Suit No. 128 of 2007, as the appellant would like to agitate the grievance before the appropriate authority in accordance with law. According to the learned counsel for the appellant, the notice which was under challenge in the suit was a notice issued by the Public Works Department and not by the Sales Tax Department and, therefore, the appellant wants to avail of appropriate remedy in this behalf. Learned counsel for the appellant states that he is making this statement, after taking instructions from Mr.Sanjay Bakhti Ajwani, Director of the appellant company who is

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present in Court. Learned Assistant Government Pleader submitted that she has no objection, if the suit is allowed to be withdrawn on the aforesaid ground. However, she submitted that the State should be permitted to proceed for recovery in accordance with law.

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Considering the facts and circumstances of the case, Special Civil Suit No. 128 of 2007, which is decided by the learned Civil Judge against which this appeal is filed can be allowed to be withdrawn as the Appellate Court is empowered to pass such order in appeal by which the plaintiff can be permitted to withdraw the suit. Accordingly, Special Civil Suit No. 128 of 2007 and the present appeal are allowed to be withdrawn with liberty to the appellant to take appropriate proceedings in accordance with law as deem fit. It is clarified that we have not expressed any opinion on the merits of the matter and as to whether any other proceedings are maintainable in law or not. It will be open to the concerned Department to take appropriate proceedings for recovering the amount in accordance with law.

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Subject to what is stated above, the appeal stands disposed of. Civil Application is also disposed of accordingly.

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P. B. MAJMUDAR, J.

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R.V. MORE, J.

M/S. Ajwani Constructions Pvt.Ltd. v. State of Maharashtra and Othrs

Case brief

What is this about?

What did the court decide?

M/S. Ajwani Constructions Pvt.Ltd. v. State of Maharashtra and Othrs

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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