This applicant challenges a direction to MIDC to adjudicate a claim. The High Court held that since the same demand is already the subject matter of the writ petition, a directive for re-adjudication would be improper and rejected the application.
Application rejected with no direction for adjudication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CA 2431/12 in WP 9302/11
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CIVIL APPLICATION NO.2431/2012 United Spirits Limited V/s The State & another. IN
WRIT PETITION NO.9302/2011
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Shri P.K. Joshi, Advocate for applicant. Shri K.G. Patil, AGP for respondent no.1. Shri S.S. Dande, Advocate for respondent no.2.
CORAM: B.R. GAVAI & SUNIL P. DESHMUKH, JJ.
Date: 28.03.2012
Heard learned counsel for the
respective parties.
The prayer in the civil application cannot be granted. By the civil application, the applicant is seeing a direction to the respondent no.2 - MIDC to adjudicate and determine, after hearing the applicant, the claim made by the applicant.
The demand made by the respondent - MIDC is already subject matter of the present
CA 2431/12 in WP 9302/11
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writ petition. When this Court is already seized of the matter, there cannot be any propriety of directing the respondents to again adjudicate and determine.
The civil application is, therefore,
rejected.
(Sunil P. Deshmukh, J.) (B.R. Gavai, J.) Dt/- 28.03.2012
ndk/c28312
1 issue framed by the court
Whether an order should be passed for adjudication when the matter is already sub judice in the writ petition.
United Spirits Limited
The State
MIDC
B.R. Gavai
Sunil P. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
