This order permitted the petitioners to withdraw a writ petition concerning bank guarantees and directed the Executive Engineer to return the amount within one week upon withdrawal.
Leave granted to withdraw the petition; direction issued to return bank guarantees within one week.
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902.wp.2592.02
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2592 OF 2002
National Peroxide Ltd and Another
..Petitioners
Vs.
The State of Maharashtra and Another
..Respondents
Ms.Kashmira Bharucha i/b Crawford Bayley and Co,for the Petitioners.
Mr. S. N. Patil, AGP, for the Respondent State.
CORAM :- MOHIT S. SHAH, C.J. & B. P. COLABAWALLA, J.
DATE :- OCTOBER 29, 2014.
P. C.:
The brief facts leading to filing of this Petition were set out in our order dated 14th October, 2014 which also indicated that the Petitioners were desirous of withdrawing the Petition but also prayed for a direction to Respondent No.2-the Executive Engineer, Thane Minor Irrigation Division (for short “TMID”), Kalwa,Thane to
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902.wp.2592.02
return the bank guarantees aggregating to Rs.97,72,424/- which were issued in favour of TMID by the State Bank of India at the instance of the Petitioner No.1 Company as per the order dated 29th April, 2002 passed in the present Petition.
2 The hearing was adjourned today to enable the learned AGP to take instructions in the matter.
3 Mr. Patil, the learned AGP, on instructions from Mr. Mahendra Patil-Deputy Engineer of the Minor Irrigation Department, Thane Region states that the Respondents have no objection for withdrawal of this Petition and a direction being given to the Respondents to return the bank guarantees. The learned AGP states that the bank guarantees will be returned after one week from the date of withdrawal of this Petition.
4 In view of the above, the learned counsel for the Petitioners seeks leave to withdraw the Petition and prays for a direction to Respondent No.2-the Executive Engineer(TMID), to return the bank guarantees aggregating to Rs.97,72,424/-
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5 In view of the above consensus, we grant leave to the Petitioners to withdraw this Petition and also direct Respondent No.2-the Executive Engineer, TMID to return the bank guarantees for an amount aggregating to Rs. 97,72,424/-, which were issued in favour of TMID by the State Bank of India at the instance of Petitioner No.1 as per the order dated 29th April 2002 passed in the present Petition, within one week from today.
CHIEF JUSTICE
(B. P. COLABAWALLA , J.)
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National Peroxide Ltd
The State of Maharashtra
Mohit S. Shah
B. P. Colabawalla
As recorded by the court registry
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