Dismissed
Dhutum Grampanchayat v. M/S Iot Infrastructure and Energy Services Ltd. and Anr.
Bombay HCLPA/368/2011
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lpa14947.11.sxw
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION
LETTERS PATENT APPEAL (ST) NO. 14947 OF 2011 IN WRIT PETITION NO. 5759 OF 2010
Dhutum Grampanchayat
....Appellant.
Vs.
IOT Infrastructure & Energy Ltd.& Ors.
...Respondents.
Mr.A.Y. Sakhare, Senior Advocate a/w Mr. Rahul Thakur with Ms. Samata Kakade and Ms. Sonia Ekbote for the Appellant. Mr. V.S. Gokhale, AGP for Respondent No. 3.
CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ.
DATE :- 22 NOVEMBER, 2011.
P.C. :-
Heard the learned counsel appearing for the Appellant. This
Appeal is directed against mainly the interim arrangement that has been made by the learned Single Judge. The learned counsel makes a grievance about the requirement contained in the interim order, which obliges the village Panchayat to prepare two kinds of bills for the same property. In our opinion, the bills are to be prepared by the Village Panchayat without prejudice to their rights and contentions and subject to the result of the Writ Petition. In case, the amount is deposited by the Petitioner in Court according to the interim order, it
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goes without showing that the Appellant would be at liberty to apply to the learned Single Judge for permission to withdraw the amount and for modification of the interim order. In our opinion, as it is only an interim order which the learned single Judge can modify from time to time as the occasion arises. Appeal cannot be entertained, the same
is rejected. There shall be no order as to costs.
(ANOOP V. MOHTA, J.)
(D.K.DESHMUKH, J.)
Dhutum Grampanchayat
IOT Infrastructure & Energy Ltd. & Ors.
D.K. Deshmukh
Anoop V. Motta
As recorded by the court registry
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