Disposed

Shogun Organics Limited v. the State of Maharshtra through Secretary and Ors.

Bombay HC3 Sept 2018CAW/1909/2018

Case brief

AI extract

What is this about?

The Court clarified an order dated 16th August 2018 in a Civil Application, specifying timelines for the applicant to furnish a bank guarantee and deposit an amount, while allowing the MIDC-respondent to withdraw deposited funds subject to further orders.

What did the court decide?

Clarification that the applicant can furnish bank guarantee within two weeks and deposit the amount within three months; MIDC can withdraw deposited funds subject to further orders.

Shogun Organics Limited Vs the State of… — Civil Procedure and Limitation | Bombay HC (2018)

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1 8-caw 1909-18.doc

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psv

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.1909 OF 2018 IN

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WRIT PETITION NO.13070 OF 2017

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Shogun Organics Limited .. Applicant In the matter between Shogun Organics Limited .. Petitioner Vs. State of Maharashtra through Secretary & Ors. ..Respondents

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Mr.Ajay Panicker with Mr.Amit Kakni i/b. Ajay Law & Associates for Petitioner.

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Ms.Shyamali Gadre with Mr.Pranav Thakur i/b. Little & Co. for Respondent Nos.2 & 3.

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Ms.Nisha Mehra, AGP for State.

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CORAM : NARESH H. PATIL, ACTING C.J. AND G.S. KULKARNI, J. DATE : 3^rd SEPTEMBER 2018

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P.C.:

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By this application, the applicant prays for speaking to minutes of order dated 16^th August 2018.

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The learned Counsel appearing for the applicant submits that in fact

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six months time was granted to deposit the second installment of the amount as mentioned in paragraph 3 of the order. Another request is made

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to allow the applicant to furnish bank guarantee of a scheduled bank.

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2 8-caw 1909-18.doc

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The learned Counsel appearing for the MIDC-respondent disputes the statement made by the learned Counsel for the applicant. She submits that the applicant has not complied with the order of furnishing bank guarantee of a nationalized bank. The learned Counsel prayed for withdrawal of 50% of the amount of Rs.75,09,663.45 which the applicant has deposited with the Registrar of this Court on Friday by Demand Draft.

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We have perused the order dated 16^th August 2018. We have gone through the record and submissions advanced before us. Following clarification is made to the order passed on 16^th August 2018 by the Division Bench of this Court (R.M. Borde and Prithviraj K.Chavan, J.J.):-

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(a) The applicant is entitled to furnish bank guarantee of a scheduled bank of remaining amount of Rs.95,31,878.56 within two weeks from today;

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(b) The applicant shall deposit the amount of Rs.95,31,878.56 within three months from today with the Registrar, Judicial-I, High Court, Bombay;

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(c) MIDC is permitted to withdraw the amount deposited with the Registrar, Judicial-I, subject to further orders to be passed in the petition;

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3 8-caw 1909-18.doc

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(d) MIDC is at liberty to file appropriate application for withdrawal of the second installment which application would be dealt on its own merits.

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The civil application stands disposed of accordingly.

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G.S. KULKARNI ACTING CHIEF JUSTICE

Shogun Organics Limited v. the State of Maharshtra through Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Shogun Organics Limited v. the State of Maharshtra through Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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