Jsw Energy Limited and Anr. v. Union of India and Anr.
Case brief
What is this about?
In this writ petition, the High Court of Bombay restrained the Maharashtra Pollution Control Board from invoking the petitioner's bank guarantee regarding a show cause notice for failure to install FGD units. The court held that the Board could not act where the Government of India had granted an extension for installation. The court granted relief contingent on the petitioner completing work with
What did the court decide?
Restraint on MPCB to invoke bank guarantee so long as petroler installs units within extended time limits.
What the court decided
gopi
1
wp-1584-12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1584 OF 2012
JSW Energy Limited
..Petitioner
Versus
Union of India & Ors.
..Respondents.
Mr. Venkatesh Dhond, Senior Advocate with Mr.Vikas Kumar i/b. Anil T. Agarwal for petitioner. Mr. B.M. Chatterjee with Mr. D.P. Singh for the respondent No.1. Ms.Sharmila Deshmukh for respondent No.2.
Ms. Sabeena Mahadik i/b. S.R. Legal for respondent No.3-IDBI.
Issues for consideration
2 issues framed by the court
Whether the Maharashtra Pollution Control Board was justified in invoking the bank guarantee of the petitioner for refusal of consent to operate.
Whether the extension of time limits by the Government of India protects the petitioner from immediate invocation of the security.
Parties & counsel
- petitioner
JSW Energy Limited
- respondent
Union of India
Coram
Mohit S. Shah
Case details
As recorded by the court registry
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